Legal · Telehealth Agreement

Telehealth Agreement

Effective date: [TBD]. Last updated: [TBD].

1. What telehealth is

Telehealth means the delivery of health-care services using interactive audio, video, or both, between a licensed health-care provider and a patient who are at different locations. California Business & Professions Code §2290.5 governs telehealth in this state and requires informed consent before the first telehealth encounter.

2. Telehealth platform and security

We use a HIPAA-compliant videoconferencing platform with end-to-end encryption. You will receive a unique link in your appointment confirmation. The platform is web-based; no software installation is required.

3. Patient location requirement

You and your partner must be physically located in the State of California at the time of any telehealth session. This is required by California licensure law — we are licensed to provide care to clients in California. If you travel out of state, we will reschedule your sessions for after your return.

4. Limitations of telehealth

Telehealth is appropriate for many clinical situations and inappropriate for others. Telehealth is not appropriate for psychiatric emergencies, situations of imminent danger to self or others, or ongoing severe symptoms requiring more intensive care. In those situations, we will refer you to in-person services or emergency care. Always call 911 or go to your nearest emergency department in a true emergency. For mental-health crisis support, call or text 988.

5. Recording prohibition

Telehealth sessions may not be recorded by either party (clinician or client) without prior written consent of all parties. California Penal Code §632 prohibits recording confidential communications without all-party consent.

6. Confidentiality and tech

Be aware that certain technical issues — Wi-Fi outages, screen-sharing accidents, household members in earshot — can compromise confidentiality. Choose a private, secure space for sessions. Use headphones if appropriate. The therapist will do the same.

7. Address verification

Before each telehealth session, we confirm your physical address — so that if a safety situation arises, the therapist knows where to direct emergency services.

8. Right to refuse telehealth

You have the right to refuse or discontinue telehealth at any time and to receive in-person services, subject to availability.

9. Availability

Pasadena Clinical Group provides telehealth seven (7) days a week, with hours that match in-person availability. The Practice does not provide 24/7 monitoring, after-hours response, or psychiatric emergency services. Outside of scheduled session times, communications may not be reviewed until the next business day. For emergencies, always call 911 or 988.

10. HIPAA, security, and your responsibilities

The Practice's telehealth platform is operated under a HIPAA Business Associate Agreement and is designed to satisfy the technical safeguards of the HIPAA Security Rule (45 C.F.R. § 164.312), including access control, audit controls, integrity controls, and transmission security. You are responsible for: (a) using a private, secure space; (b) using a personally controlled device, on a network you trust; (c) keeping the session link confidential; (d) complying with the recording prohibition above; and (e) ensuring that no unauthorized person is present, off-camera, in earshot, or recording in any form. The Practice is not responsible for breaches of confidentiality caused by your environment, network, or device, or by third parties beyond the Practice's reasonable control.

11. Insurance and out-of-network considerations

Coverage of telehealth varies by carrier and plan. While California Health & Safety Code § 1374.13 and Insurance Code § 10123.85 require parity for many telehealth services, you remain financially responsible for any portion not paid by your insurer. If you reside outside California, your in-state benefits may not cover sessions delivered by a California-licensed clinician.

12. Limitation of liability and dispute resolution

To the maximum extent permitted by California and federal law, the Practice and the Indemnified Parties (as defined in our Terms & Conditions) are not liable for any damages arising out of or relating to (a) interruption, latency, or failure of internet, telecommunications, or third-party platform services; (b) breaches of confidentiality caused by your environment, device, or network; (c) any failure of telehealth to meet a clinical need that would have been better served by in-person care, when the Practice has acted in good faith and within the standard of care; or (d) any matter outside the Practice's reasonable control. Disputes arising under or relating to this Agreement are governed by the limitation of liability, indemnification, and mandatory mediation followed by binding individual arbitration provisions of our Terms & Conditions (Sections 9, 10, and 11), including the class-action and jury-trial waivers therein, except for clinical malpractice claims which are governed by MICRA and California Code of Civil Procedure § 364, and other claims California law expressly does not permit to be arbitrated.

13. Acknowledgement

By proceeding with a telehealth appointment, you acknowledge that you have read, understood, and agreed to this Agreement; that you have had the opportunity to ask questions; that the Practice has informed you of telehealth's benefits and limitations as required by Bus. & Prof. Code § 2290.5; and that this Agreement is in addition to and incorporated into our Treatment Consent.