PSYPACT telehealth from out of country?

[quickpsych]

As I research telehealth more, I found this article in which one psychologist (since 2018) has been practicing psychology in California, where licensed, while living in Portugal:

How to launch a practice that is 100% online

However, according to PSYPACT site: "Hold a full, unrestricted license to practice psychology in at least one PSYPACT state and be PHYSICALLY located in your PSYPACT home state of licensure at the time any services are provided."

So how is this person doing this? Is it just a state by state thing in terms of some states might allow telehealth in their state if licensed in the state and the patient is in the state?

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[bcliff]

As I research telehealth more, I found this article in which one psychologist (since 2018) has been practicing psychology in California, where licensed, while living in Portugal... So how is this person doing this?

Illegally and/or outside the bounds of their license, I would guess. I imagine @PsyDr can add more.

 

[AcronymAllergy]

As you've said, PSYPACT isn't applicable here. Might be possible if the psychologist is licensed in Portugal and still also holds a CA license, which again wouldn't involve PSYPACT. Although in my quick skim, I don't see that it says the psychologist is referring to PSYPACT as allowing her to do what she does.

Then again, it also says she travels full-time. Not sure if that means she travels while seeing patients (which could be problematic), or sees patients on the days she doesn't travel. Either way, I really hope she is (or at least was) licensed in Portugal.

 

[Sanman]

That depends. I have a friend doing this. However, their practice is marketed as coaching and parent training, not psychotherapy.

 

[MiniLop]

As you've said, PSYPACT isn't applicable here. Might be possible if the psychologist is licensed in Portugal and still also holds a CA license, which again wouldn't involve PSYPACT. Although in my quick skim, I don't see that it says the psychologist is referring to PSYPACT as allowing her to do what she does.

Then again, it also says she travels full-time. Not sure if that means she travels while seeing patients (which could be problematic), or sees patients on the days she doesn't travel. Either way, I really hope she is (or at least was) licensed in Portugal.

Plus CA isn't part of PsyPact anyway, so PsyPact couldn't be relevant here even if the provider wanted it to be. (though to be clear, PsyPact is already irrelevant to them doing this)

 

[PsyDr]

1) I believe that she is almost undoubtedly breaking EU digital security laws and EU healthcare data laws. This is no small hurdle, and cannot be accomplished through use of a HIPAA compliant platform. These sets of laws has been an incredible barrier to the adoption of telemedine in the EU.

2) It is a federal crime to bill CMS for services provided while not in the US or her territories. OIG has prosecuted people for this.

3) Each state will decide if this is legal, from an insurance perspective.

4) Each insurance plan will decide if they will pay for this. Disguising your location would constitute insurance fraud.

5) You can be sure that the difference in locations and time zones will be brought up in any malpractice action.

 

[Harry3990]

a little surprised to see this posted on APA's site. seems pretty irresponsible to not have a lot more caution in the section about jurisdictional issues. They don't even mention considering the psychologist's location....dumb.

 

[super.ego]

It'd take balls to publicize illegal practices.

 

[PsyDr]

It'd take balls to publicize illegal practices.

You mean like that nurse practitioner from Cerebral who discussed writing scripts for adderal every 5 minutes.....on the New York Times?