4757-5-13 Standards of practice and professional conduct: electronic service delivery (internet, email, teleconference, etc.).

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Counselor, Social Worker, and Marriage and Family Therapist Board

Agency Name

 

James R. Rough

Division                                                                  Contact

 

50 West Broad Street Suite 1075 Columbus OH 43215-5919

614-752-5161        614-728-7790

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

4757-5-13

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Standards  of  practice  and  professional  conduct:  Electronic

Service Delivery (Internet, email, teleconference, etc.).

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 4757.11

5.  Statute(s) the rule, as filed, amplifies or implements: 4757.11

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

Resulted from five year rule review of ethics rules and need to provide ethical practice for the growing electronic service delivery of services by licensees.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Rule establishes ethical practice requirements when utilizing electronic service

delivery of licensees' services.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

No expected increase in cost

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

899-609

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Cost of compliance will vary depending on what electronic mediums licensees use. Internet therapy would require a means of secure delivery of services to an identified person within the laws that apply where the client resides. Electronic serice delivery is growing fast and raises concern for client confidentiality and record keeping issues that if not addressed up front could cause a major violation of ethics rules. Licensees practicing in this area need to be very literate in information technology practices. The ethical codes of the counseling, social worker and mariage and family therapist associations were used in developing this rule.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No