What Are The Legal Issues In Online Counseling?

I live and work in the State of Florida, where I am licensed. I inquired of the Board that governs licensees and received a prompt response from Dee Ramer there. Here is our correspondance verbatim:
From: DebbyH4@aol.com [mailto:DebbyH4@aol.com]
Sent: Sunday, March 09, 2003 11:46 AM
To: MedicalQualityAssurance@doh.state.fl.us
Subject: online therapy
Sorry to bother you with a letter, but I could not find a copy of the Laws & Rules in a search. Would you kindly direct me to the correct chapter and paragraph where anything regarding online therapy is discussed. Thank you.

Debby Schwarz Hirschhorn, PhD, LMHC#4298
DrDeb.com
954-878-2817

Date: 3/10/03 7:52:27 AM Pacific Standard Time
From: Dee_Ramer@doh.state.fl.us
To my knowledge, there is nothing in statute about it. The board’s position is that it isn’t acceptable because of the issue of confidentiality, etc. It will be addressed in the future.
Dee Ramer
Regulatory Supervisor
Board of CSW/MFT
4052 Bald Cypress Way, BIN #C08
Tallahassee, FL 32399-3258
850/245-4444, ext. 3461
850/921-5389, fax
Dee_Ramer@doh.state.fl.us

I replied that I agreed about the importance of confidentiality and that new software enables one to maintain it. I further probably did myself in time-wise by volunteering to help the Board make these decisions ;-)

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On Thursday, July 3, 2003, my local newspaper reported the following interesting story on page 1 of the Business section: "An Orlando woman who used a laptop computer to telecommute to a job in New York isn't eligible for New York's higher unemployment benefits after losing her position, the stae Court of Appeals ruled Wednesday in Albany.

"In a 6-0 decision, New York's highest court ruled that a person's 'physical presence' determines where they work, not the location of the employer's mainframe computer with which they communicate. 'Because claimant was regularly physically present in florida when she worked for her employer in New York, her work was localized in one state--Florida,' Judge Susan Read wrote in the decision that declared [her] ineligible to receive New York unemployment insurance checks.

"The decision sets a precedent that may guide other courts in dealing with an issue arising out of telecommuting, a growing workplace phenomenon, said Richard L. Steer, a labor law specialist." Clearly, this ruling implies that I operate under my license in Florida even when doing out-of-state work.

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Valuable reading on this issue: Article by Dr. James R. Alleman, Providing Psychotherapy Over the Internet in The Psychiatric Times.