OLERE - Oklahoma Legal and Ethical Responsibilities Telehealth and Technology Questions and Answers

Question 1

An LPC in Oklahoma is establishing a telemental health practice. According to the Oklahoma Administrative Code (OAC), which of the following must be specifically addressed in the informed consent process, in addition to the standard elements required for in-person therapy?

Accepted Answer

Protocols for technology failure and an emergency response plan appropriate to the client's physical location.

Answer

Oklahoma's rules for technology-assisted counseling require that the informed consent process specifically covers procedures for handling technology failures (e.g., what to do if the connection is lost) and establishes a clear emergency response plan. This plan must be relevant to the client's location, including identifying local emergency services, since the counselor cannot intervene in person.

Question 2

An Oklahoma LPC is providing telemental health services to a client. To comply with state regulations and HIPAA, which of the following technology platforms is most appropriate for conducting sessions?

Accepted Answer

A video conferencing service that is encrypted and for which the LPC has a signed Business Associate Agreement (BAA).

Answer

Both Oklahoma regulations and HIPAA require that counselors use secure, encrypted communication methods to protect client confidentiality. A key part of HIPAA compliance for using a third-party platform is obtaining a signed Business Associate Agreement (BAA), which is a contract that ensures the vendor will also protect the client's health information. Platforms like social media video chats or standard messaging apps typically do not offer a BAA and are not considered compliant.

Question 3

A licensed LPC in Oklahoma has a client who is temporarily relocating to New Mexico for four months for a work assignment and wishes to continue weekly therapy via video conference. What is the LPC's primary legal and ethical obligation in this situation?

Accepted Answer

Verify and comply with New Mexico's laws and licensure requirements regarding the provision of telehealth services into that state.

Answer

The practice of counseling is regulated at the state level, and licensure is generally required in the state where the client is physically located at the time of service. The Oklahoma LPC must determine if providing services to a client in New Mexico constitutes practicing counseling in New Mexico and must comply with that state's specific laws, which may require licensure or a temporary permit. Simply having an established relationship in Oklahoma does not override the other state's regulations.

Question 4

When initiating technology-assisted counseling with a new client, which of the following steps is required by Oklahoma regulations to ensure client safety and proper identification?

Accepted Answer

Making reasonable efforts to verify the identity of the client.

Answer

Oklahoma rules require that LPCs make reasonable efforts to verify the identity of the client at the outset of the telehealth relationship. While not prescribing a single method, this is a foundational step to ensure the counselor is treating the correct individual and to aid in safety planning. Methods could include viewing a photo ID via video, but the core requirement is the verification itself.

Question 5

Which of the following scenarios best demonstrates an LPC's adherence to the principle of technological competence in a telemental health practice?

Accepted Answer

Prior to using a new scheduling and billing platform, the LPC researches its security features, ensures it is HIPAA compliant, and learns how to operate it effectively.

Answer

Professional competence extends to the technology used in practice. Oklahoma rules require counselors to have the necessary knowledge and skills for any technology they use. This includes understanding its functions, ensuring its appropriateness for clinical work, and verifying its security and confidentiality features before integrating it into their practice.

OLERE - Oklahoma Legal and Ethical Responsibilities Exam Practice Test

OLERE - Oklahoma Legal and Ethical Responsibilities Exam Practice Test

OLERE - Oklahoma Legal and Ethical Responsibilities Telehealth and Technology Questions and Answers