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Board approves telehealth regulatory text; moves to publish rulemaking package
Summary
The Board of Psychology approved proposed regulatory text for California Code of Regulations section 1396.8 (telehealth requirements) and directed staff to submit the package for the rulemaking process after non‑substantive edits, authorizing staff to proceed if no adverse comments are received in the 45‑day notice period.
The California Board of Psychology voted on Feb. 27 to approve proposed regulatory text amending California Code of Regulations section 1396.8, which governs telehealth practice for licensees. The enforcement committee had reviewed stakeholder input and recommended the regulatory changes; the full board approved moving the package forward for rulemaking and directed staff to submit the text to the Department of Consumer Affairs and the Business, Consumer Services and Housing Agency for review.
Why it matters: The regulatory changes were prompted by a 2023 survey of telehealth barriers; revisions clarify telehealth expectations for licensees and align enforcement guidance with existing statute and HIPAA obligations. The board’s action begins the formal notice-and-comment rulemaking process, a required step before adoption.
What the board decided: The board’s motion authorized staff to submit the proposed regulatory language and to make non‑substantive edits before submission. If no adverse public comments or objections are received during the required 45‑day public comment period and no hearing is requested, the board authorized the executive officer to proceed through the rulemaking process and adopt the regulation following standard departmental and Office of Administrative Law review.
Vote and procedure: The motion was seconded and the board recorded a roll-call vote in open session with members voting in favor; the enforcement committee’s recommended language will now be routed through the departmental and agency review and then the formal notice period. Board staff will return the record to the board if substantive public comments are filed or if a hearing is requested.
Implementation: Staff will make technical edits as needed, coordinate required departmental reviews and publish the rulemaking notice. The board’s committee had concluded there were no recommended statutory changes but identified clarifications to the CCR 1396.8 telehealth text; the board’s action authorized the executive officer to complete the rulemaking steps if no adverse comments appeared during the 45‑day public notice period.
Provenance: The enforcement committee introduced the package during agenda item 14; the board carried the motion and recorded a roll-call vote on the regulation in open session.
