The New York Office of Mental Health ("OMH") recently proposed a rule to establish basic standards and parameters to approve the use of telepsychiatry in certain OMH-licensed programs. The rule defines "telepsychiatry" to mean the use of "two-way real-time interactive audio and video" to provide and support remote clinical psychiatric care. While the definition does not include telephone conversations, electronic mail messages, or facsimile transmissions, the rule notes that such encounters may support telepsychiatry services. Importantly, the proposed rule would expand the ability to provide telepsychiatry services to qualified mental health professionals, including physicians, licensed practical nurses, nurse practitioners, licensed psychologists, and physician assistants. The rule would replace the existing regulations, which allow for the use of telepsychiatry by OMH-licensed clinics only. OMH accepted comments on the proposed rule through June 13, 2016.
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