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Yes. Telehealth services may be provided in North Carolina by clinical mental health professionals licensed by the North Carolina Board of Licensed Clinical Mental Health Counselors (NCBLCMHC). Please refer to the NCBLCMHC's Distance Counseling Policy. Please also review the US Department of Health and Human Services (DHHS) Statement on Telehealth and HIPAA compliance during COVID-19 public health emergency.
Additionally, for out-of-state professionals who have an active unrestricted license in NC it is important to stay up-to-date with state-to-state Telehealth practices.
Yes. Licensed clinical mental health professionals are considered as professionals who engage in the "art of healing" as stated by the North Carolina Department of Commerce (NCDC). Private practitioners are required to apply for this State of Privilege License. Professionals who are W-2 or 1099 employees for someone else's practice are not required to apply. Additional information for this Privilege License Tax can be found here as well as the NC Statute 105-41.
No. North Carolina does not have a mandated duty to warn/protect law; however, there is no law prohibiting a professional from doing so. Professionals are encouraged to review the Tarasoff and Duty to Protect in NC by our 2007 past president A. Keith Mobley PhD. Professionals are further encouraged to regarding the "duty to warn/protect" and not to unnecessarily expand dangerous patient exceptions.
Please refer to the North Carolina Board of Licensed Clinical Mental Health Counselors (NCBLCMHC) Laws and Codes page. Furthermore, all professionals are recommended to have a strong understanding of the American Counseling Association Code of Ethics (2014) as adopted by the NCBLCMHC Board per section 21 NCAC 53.0102. In the ACA Code of Ethics (2014), professionals can find in Section B, Confidentiality and Privacy, information pertaining to the limitations of confidentiality.
Yes. North Carolina Law 7B-301, explains statutory requirements for reporting abuse, neglect, dependency, or death due to maltreatment. The General Assembly of North Carolina Session 2019 also passed into law SB199: An Act To Protect Children From Sexual Abuse And To Strengthen And Modernize Sexual Assault Laws. For additional on reporting information please refer to The North Carolina Department of Health and Human Services (NC DHHS) on Child Abuse and Neglect.
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