The law is clear. There are risks associated with practicing out of scope – which seeing a patient in another state in which you are not licensed clearly is.
But there are all sorts of risks all of us take daily, both with respect to the law generally (speeding?) and with respect to the law as it relates to clinical practice (I have yet to meet a therapist in private practice who, actually, complies with HIPAA). And many clinicians have all sorts of practices when it comes to billing, insurance, and collections that could not survive legal scrutiny.
With this and with all questions, it’s worth asking about, and knowing about, what the law says. And then, in possession of knowledge of the facts, and the risks, making your own decisions.
Some people are comfortable with the risks associated with practicing in this way. Others aren’t. Most of us fall somewhere in between (have you ever had a phone or video session with a client or patient who traveled to a state in which you are not licensed? Chances are, you broke the law.).
One size fits all answers don’t serve most situations. This is a question with a clear legal answer. The practical answer, the ethical answer, for YOU, may differ.
