Telehealth Consent Forms: State-by-State Requirements

Telehealth introduces risks that don't exist in an office setting — the client might be in a shared space, the connection travels over the internet, and if it drops mid-crisis you need a backup plan. A telehealth consent form supplements your standard informed consent with these additional considerations.

• Technology and platform — name the HIPAA-compliant platform you use
• Privacy and security risks — no system is 100% secure
• Limitations of telehealth — not appropriate for all conditions
• Emergency protocols — client's physical address, local emergency contact, nearest ER
• Recording policy — whether sessions are recorded
• Cross-state practice boundaries — licensed states only
• Technical failure protocol — reconnect plan if video drops
• Billing — same rate as in-person or different

• Verbal or written consent (written recommended)
• Client location disclosure at start of each session
• Right to in-person care must be stated
• Language access for limited English proficiency
• HIPAA + CMIA compliance
• California license required to treat clients in CA

• Informed consent required before first telehealth session
• Must explain nature of telehealth, technology used, potential risks
• Documented emergency plan required
• Provider identification (license type and number)
• Insurance parity — insurers must cover telehealth at same rate

• Written consent preferred for mental health services
• Technology disclosure required
• Provider license verification
• In-person option must be offered
• Mandatory reporting obligations apply equally to telehealth
• PSYPACT adopted for some psychologists; LPCs/LMFTs need TX license

• Informed consent required before services (documented in record)
• Identity verification before first session
• Out-of-state practitioners must register with FL Dept of Health
• Same standard of care as in-person
• Follow-up care and referrals addressed in consent

The APA recommends:

• Assess whether telehealth is appropriate for each client
• Cultural and accessibility considerations in consent materials
• Treat consent as ongoing, not one-time
• Understand interjurisdictional practice rules
• Use only HIPAA-compliant platforms with encryption
• Maintain a separate telehealth consent form

Send a signing link via WhatsApp or email as part of your intake process. With Signew, upload your telehealth consent PDF, generate a link, and share it. The client signs on their phone and both of you receive a tamper-proof PDF with a verification link.

For more on whether digital signatures hold up legally, see are digital consent forms legally binding?