Board approves proposed telehealth regulation language and directs staff to begin rulemaking

The Board of Psychology voted Feb. 27 to approve proposed regulatory language to update California Code of Regulations section 1396.8 governing telehealth practice by licensed psychologists. The board directed staff to submit the text to the Department of Consumer Affairs and the Business, Consumer Services and Housing Agency for review and, absent adverse comments, to proceed with formal rulemaking.

Enforcement committee Chair Dr. Phyllis Phillips moved the action; the motion received a second and was approved on a roll‑call vote. The committee reviewed telehealth requirements and considered federal and state guidance, including HIPAA and business and professions code requirements. Staff said the committee recommended no changes to the statute but proposed clarifications in the regulation text to better reflect telehealth practice standards and HIPAA expectations.

Board members spoke in favor of moving the package forward and thanked staff for the draft language. The motion authorized the interim executive officer to make technical or non‑substantive edits and to set a public hearing if requested during the public comment period. A roll call recorded unanimous approval without any abstentions.

The board’s action begins the formal regulatory process: departmental review, potential edits, a 45‑day public comment period and, if no adverse comments are raised or a hearing requested, final adoption procedures under the Administrative Procedure Act.

The proposed regulatory text amends the board’s telehealth rule (Cal. Code Regs. §1396.8) to clarify practitioner responsibilities for privacy, informed consent and scope of telehealth practice; the text will be posted for public comment as part of the rulemaking package.