Fall 2022 Bulletin

I am a Licensed Independent Clinical Social Worker with a private practice providing therapy to clients in person and via telehealth.  I have a client who is moving out of Minnesota for college in the fall, and the client wants to continue telehealth sessions with me after they move.  The client plans to keep Minnesota as their primary residence until they finish their degree, but they also may spend a semester abroad and travel during vacations and summers. Can I continue telehealth sessions to this client when they are out of state and possibly in another country?

Jurisdiction

Under the Minnesota Social Work Practice Act, the Board of Social Work has jurisdiction over the practice of social work in Minnesota.  The practice of social work occurs when either the social worker or the client is physically located in Minnesota.  When either the social worker or the client is outside of Minnesota, the place where either is located may also have jurisdiction.  Different states and countries have a wide range of laws and regulations regarding the practice of social work, so you will need to check with each state or country where the client may be physically located to find out if their laws and regulations apply to this situation.

Residency

The Minnesota Social Work Practice Act does not include a definition of residency.  Whether your client is still a legal resident of Minnesota is not relevant to determining if the Board has jurisdiction.  The Board has jurisdiction when the practice of social work occurs in Minnesota, regardless of whether the social worker or the client are residents of Minnesota.

Other Considerations

If another jurisdiction -let’s call it State X- requires social workers to be licensed in State X to provide telehealth services to a client living in or visiting State X, then anyone providing those services without being licensed by State X could be subject to penalties for unlicensed practice in State X.  And the Board of Social Work in State X might be required report these penalties to the National Practitioner Database and to the Minnesota Board of Social Work. Actions for unlicensed practice in another state or country could therefore affect your Minnesota license.

Bottom Line:

If you plan to have clients in other states or countries, check with the regulatory authority in each location to make sure that you are not practicing without a license by providing telehealth services.