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Legal Considerations For Practice Needs During COVID-19: HIPAA and Marketing, Cross-Jurisdiction Practice

Presented by Eric Ström, JD LMHC

June 12, 2020 – 1 hour (1 legal-ethical CE hour)
1:30 PM Pacific / 2:30 PM Mountain / 3:30 PM Central / 4:30 PM Eastern

Staying connected via routes of electronic communication is vital for us as clinicians and business owners.  However, ethical use of such “marketing” communications with clients, former clients, and prospective clients can be challenging under the Federal HIPAA standards.  In this one hour workshop we will discuss the HIPAA standards relating to marketing communications and present practical solutions to some of the most common challenges.  Participants will be provided with a sample ROI form that can be used to ethically sign-up clients for newsletters and other communications from your practice.

The legal-ethical considerations for cross-state/jurisdictional practice are something many clinicians who offer teletherapy must navigate in non-emergency times; under the emergency declarations currently in place across the country due to COVID-19, many licensing boards have temporarily removed restrictions on practice by non-licensees. We will discuss the process for locating standards, and emergency rules, that apply to cross-state practice so that clinicians can ensure their provision of client care is within the applicable parameters.

Includes a plug-and-play release of information form to keep your client newsletters safe and ethical.

Educational Objectives:

  • Describe the HIPAA standards related to marketing
  • Identify when to use BAAs with newsletters
  • Locate standards, including emergency rules, that apply when practicing across multiple states


  • HIPAA Standards Regarding Marketing
  • BAAs and Marketing
    • Emails and newsletters
    • Blogs
    • Selling Products/Services
  • Practicing Across Jurisdictions
    • Usual Standards and Rules
    • COVID-19 Emergency Rules


  • Person Centered Tech, Inc. (2020). 50-State Emergency Teletherapy Practice Rules Survey for Counselors, MFTs, Psychologists, and Clinical Social Workers. Retrieved May 28, 2020, from
  • US Dept. of Health and Human Services. (2006). HIPAA Administrative Simplification . Washington, DC: Author.
  • US Dept. of Health and Human Services. (2013). HIPAA Omnibus Final Rule . Washington, DC: Author.

Accuracy, Utility, and Risks Statement: This program discusses strategies for complying with HIPAA, state rules in general, and covered ethics codes. It may not include information on all applicable state laws. Misapplication of the materials, or errors in the materials, could result in security problems, data breaches, or non-compliance with applicable laws or ethics codes.

Conflicts of Interest: None noted

Commercial Support: None

Speaker Biography:

Eric Ström is an attorney and Licensed Mental Health Counselor in Seattle, Washington. As an attorney, Eric provides legal counsel, consultation, and guidance to mental health professionals. Eric’s counselling practice is focused on providing counseling services to combat veterans as well as providing supervision and consultation to other clinicians.  Eric currently serves on the American Mental Health Counselors Association Ethics Committee, and is the ethics advisor for the Washington Mental Health Counselors Association.  Eric has taught a range of courses in counseling and professional ethics at a variety of graduate and undergraduate programs.

Eric earned a Master of Arts Degree in Counseling Psychology from the Northwest School of Professional Psychology at Argosy University Seattle, graduated cum laude from Wayne State University School of Law in Detroit Michigan, attended the Hague Academy of International Law in the Hague Netherlands, received a Bachelor of Arts degree in Linguistics from the University of Michigan, and is currently working towards his PhD is Counselor Education and Supervision at Oregon State University.


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