22
Ethical and Legal Issues Addressing the Use of Mobile Health (mHealth) as an Adjunct to Psychotherapy Nicole R. Karcher and Nan R. Presser Department of Psychological Sciences University of Missouri mHealth refers to the rapidly evolving use of mobile devices for health care treatment purposes, particularly the use of apps and texting as adjuncts to psychotherapy. Although there is currently an extensive literature on issues related to telehealth, to date little guidance has been developed to help professionals function ethically in the rapidly emerging area of mHealth. This article identifies the major ethical considerations that need attention and proposes several recommendations to address mHealth use as an adjunct to psychother- apy, including the pressing need for relevant American Psychological Association practice guidelines to assist mental health providers in the ethical implementation of mHealth. Keywords: apps, ethics, mHealth, psychotherapy, texting OVERVIEW OF mHEALTH mHealth, the abbreviation for mobile health, is defined by the World Health Organization as the use of mobile technologies for health care purposes (Kay, Santos, & Takane, 2011). This umbrella term generally refers to the use of electronic applications (i.e., apps) and text messaging for the purposes of providing physical and mental health care. For example, text messaging interventions have been developed for smoking cessation, which include personalized messages to help individuals cope with cigarette cravings (e.g., Hall, Cole-Lewis, & Bernhardt, 2015), and a number of apps have been developed to provide psychoeducation, such as Fooducate, an app used to provide education regarding nutritional content of food (Rainsberger, Fishel, & Muchuca, 2013). One of the reasons that these mHealth interventions have proliferated is that the use of smartphones is now widespread internationally, with some estimates of 6.1 billion smartphone users by 2020 (Lunden, 2015). Furthermore, approximately 62% of smartphone owners have used their phone in the past year to look up health information (Pew Research Center, 2015). Given this widespread use of mobile devices, the proliferation of apps, and texting by the general public, there are many potential avenues for mHealth to serve as an adjunct tool to psychotherapy. As with any new treatment modality, there are both advantages and disadvantages with use of mHealth. Improved treatment accessibility and immediacy, real-time symptom monitoring, and This paper was accepted under the previous editor, Gerald P. Koocher. Correspondence should be addressed to Nicole R. Karcher, Department of Psychological Sciences, University of Missouri, 208 Psychology Building, Columbia, MO 65211. E-mail: [email protected] ETHICS & BEHAVIOR, 28(1), 122 Copyright © 2016 Taylor & Francis Group, LLC ISSN: 1050-8422 print / 1532-7019 online DOI: 10.1080/10508422.2016.1229187

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Page 1: Ethical and Legal Issues Addressing the Use of Mobile

Ethical and Legal Issues Addressing the Use of MobileHealth (mHealth) as an Adjunct to Psychotherapy

Nicole R Karcher and Nan R Presser

Department of Psychological SciencesUniversity of Missouri

mHealth refers to the rapidly evolving use of mobile devices for health care treatment purposes particularlythe use of apps and texting as adjuncts to psychotherapy Although there is currently an extensive literatureon issues related to telehealth to date little guidance has been developed to help professionals functionethically in the rapidly emerging area ofmHealth This article identifies themajor ethical considerations thatneed attention and proposes several recommendations to address mHealth use as an adjunct to psychother-apy including the pressing need for relevant American Psychological Association practice guidelines toassist mental health providers in the ethical implementation of mHealth

Keywords apps ethics mHealth psychotherapy texting

OVERVIEW OF mHEALTH

mHealth the abbreviation for mobile health is defined by the World Health Organization as theuse of mobile technologies for health care purposes (Kay Santos amp Takane 2011) This umbrellaterm generally refers to the use of electronic applications (ie apps) and text messaging for thepurposes of providing physical and mental health care For example text messaging interventionshave been developed for smoking cessation which include personalized messages to helpindividuals cope with cigarette cravings (eg Hall Cole-Lewis amp Bernhardt 2015) and anumber of apps have been developed to provide psychoeducation such as Fooducate an appused to provide education regarding nutritional content of food (Rainsberger Fishel amp Muchuca2013) One of the reasons that these mHealth interventions have proliferated is that the use ofsmartphones is now widespread internationally with some estimates of 61 billion smartphoneusers by 2020 (Lunden 2015) Furthermore approximately 62 of smartphone owners have usedtheir phone in the past year to look up health information (Pew Research Center 2015) Given thiswidespread use of mobile devices the proliferation of apps and texting by the general public thereare many potential avenues for mHealth to serve as an adjunct tool to psychotherapy

As with any new treatment modality there are both advantages and disadvantages with use ofmHealth Improved treatment accessibility and immediacy real-time symptom monitoring and

This paper was accepted under the previous editor Gerald P KoocherCorrespondence should be addressed to Nicole R Karcher Department of Psychological Sciences University of

Missouri 208 Psychology Building Columbia MO 65211 E-mail nrkc68mailmissouriedu

ETHICS amp BEHAVIOR 28(1) 1ndash22

Copyright copy 2016 Taylor amp Francis Group LLC

ISSN 1050-8422 print 1532-7019 online

DOI 1010801050842220161229187

the opportunity for customized feedback (Harrison et al 2011 Price et al 2014 Proudfoot ampNicholas 2010) can all augment therapeutic effectiveness However there are also severalethical legal and clinical issues related to mHealth implementation including problems withdata security privacy issues challenges with boundaries interjurisdictional practice concernsand others (eg Burns et al 2011 Donker et al 2013) Although ethical considerations fortelehealth have been well addressed in the literature scant attention to ethical issues has beengiven to the emerging area of mHealth Given the advantages to use of mobile devices (egsmartphones tablets laptops smartwatches) as adjunct treatment modalities it is criticallyimportant that psychotherapists be knowledgeable about the ethical issues surrounding the useof mHealth as a tool for treatment

USES OF mHEALTH

Text Messaging

Text messaging or texting has become an increasingly prevalent method of communication withpsychotherapy clients for both administrative (eg appointment scheduling) and treatment (egdialectical behavior therapy coaching texts) purposes Texting has been shown to have a number ofbenefits as an adjunct to psychotherapy including to increase treatment compliance through appoint-ment reminders (Sims et al 2012) to increase the therapeutic bond between sessions by increasing thefrequency of therapeutic communications (Aguilera amp Muntildeoz 2011) to provide increased access tothe psychotherapist especially in crisis management situations and to prompt behavioral activation(Hall et al 2015) For instance a randomized controlled study for the treatment of eating disordersindicated that participants who received tailored text message feedback following discharge from aninpatient treatment facility showed greater partial remission rates than those who did not receive thetexting intervention (Bauer Okon Meermann amp Kordy 2012) Additional evidence from a rando-mized controlled study indicated that participants receiving weight loss text messages lost significantlymore weight than participants who did not receive text messages (Patrick et al 2009) Last researchindicates that texting can be effective in disseminating health information such as in provision ofpsychoeducation about mental health issues or concerns (Kim amp Jeong 2007)

The use of text messaging for mHealth purposes is proliferating for several reasons includingthat it is both a timely and inexpensive way to communicate information to clients Furthermoretexting is often the communication method of choice for younger individuals and therefore maybe the best way to communicate brief information to young adults and adolescents (Dubus2015) Text messaging interventions also appear to be well received by clients with one studyfinding that 90 of text messages from interventions are read within 3 min of being received(Johnson 2013) Thus this level of client engagement seems to indicate that texting interven-tions may be effective in facilitating healthy behaviors outside of psychotherapy

Apps

Although still a young field the development of health-related applications or apps has explodedover the past decade with approximately 8000 health-related apps as of November 2010 (Dolan2010) and the most recent update indicating upwards of 165000 mHealth apps (Powell et al 2016)

2 KARCHER AND PRESSER

It is clear that this field is expanding extremely quickly with most of the apps focusing on physicalhealth topics Approximately 6 of these apps focus on mental health outcomes (eg moodtracking self-harm urges) whereas approximately 18 focus on behavioral health issues such asaltering sleep stress exercise and smoking behaviors (Donker et al 2013) In general mHealthapps can be a very useful adjunct to evidence-based psychotherapy as many of these apps includetreatment components of evidence-based practices such as cognitive behavioral psychotherapy andmotivational interviewing (eg Birney Gunn Russell amp Ary 2016) A current list of some mentalhealth apps can be found at the Zur Institute website (Zur Institute 2016) As can be seen on thiswebsite many apps assist clients with engaging in healthy behaviors outside of psychotherapy suchas enabling clients to monitor symptoms One popular app is Fitbit which can be used in conjunctionwith the Fitbit device to monitor exercise calories burned and sleep Another app is the eMoodsBipolar Mood Track app (Gigaram Technologies 2011) which allows the user to keep track ofmood ratings hours of sleep anxiety levels and medication use Similarly PsychLog is an mHealthapp that collects psychological and physiological information (eg calculates heart rate variability)which could be useful information for the treatment of anxiety and panic disorders It is apparenttherefore that mHealth apps can be used to provide ongoing feedback to clients regarding emotionaland physiological states to facilitate symptom monitoring outside of face-to-face (FTF)psychotherapy

Along these lines another use of mHealth apps is to serve as an adjunct to psychotherapy byproviding skills support in that apps can function as virtual coaches that provide real-time audioand visual instruction to facilitate practice of skills An example is relaxation breathing apps thathelp teach breathing techniques and facilitate related skill development Another example isDBT Field Coach an app that provides skill suggestions and instructions to assist clients whoneed assistance with skills suggestions when in an emotional crisis

Other apps serve as an adjunct to psychotherapy by sending messages to the psychotherapistor mental health care provider when the client is in a crisis situation For example there is anapp that locates patients with dementia so that in the event the individual wanders away from afacility he or she can be easily tracked (iWander Miskelly 2005) Some mHealth apps also sendmessages to psychotherapists when a client is in a potentially challenging or risky situation Asan illustration there are now substance abuse psychotherapy apps that utilize geolocation tocategorize risk locations for the client send reminder warnings when the client is in these areasand then initiate contact with a therapist or coach (Gustafson et al 2011 VahabzadehMezghanni Lin Epstein amp Preston 2010)

mHealth apps can function as an adjunct to psychotherapy by helping the client engage inbehaviors to enhance therapy compliance For instance some mHealth apps include a functionthat enables the client to record psychotherapy sessions for later review and other apps canincrease treatment compliance by allowing the user to record psychotherapy homework assign-ments MobilWork is an app that prompts clients to complete homework assignments andcoaches clients through the assignment (Trudeau 2010) Another project Interstress is a plat-form that enables users to manage treatment schedules administer surveys and manage home-work assignments (Gaggioli amp Riva 2013) These apps can assist in increasing adaptivebehaviors thus potentially increasing positive treatment outcomes

As is apparent the number of mHealth apps and texting interventions that can be used forpsychotherapy-related purposes is ever expanding However there are also a variety of sig-nificant ethical issues and legal considerations of which mental health practitioners should be

ETHICAL AND LEGAL ISSUES IN MHEALTH 3

mindful when deciding to incorporate mHealth tools into psychotherapy For the purposes of thisarticle ethical and legal issues surrounding evidence base security informed consent compe-tence boundaries avoiding harm documentation supervision assessment issues conflicts ofinterest and fees are discussed Finally recommendations for ethically and legally usingmHealth interventions are provided

General considerations associated with telehealth more broadly have been extensively dis-cussed elsewhere (eg Baker amp Bufka 2011 Barnett amp Scheetz 2003) Furthermore the use ofother specific technologies (ie chat rooms use of email video calling) has already beencovered in the literature (Anthony amp Goss 2003 Childress 2000 Kolmes 2010) New mobiletechnologies are continually being developed Although the current article focuses on the use oftexting and apps many of these ethical and legal considerations apply to other mobile devicessuch as but not limited to therapeutic use of mobile sensors (eg Fitbit Google Glass virtualreality devices etc) However psychotherapists should be aware that there may be uniqueethical considerations associated with each mobile device Furthermore technologies have beendeveloped such as encryption services and secure portals that may be downloaded on mobiledevices to make these devices more secure Many medical entities such as the VeteransAdministration use a secure patient portal in order to communicate with clients and requirestaff to communicate with patients only via this method These patient portals require the patientto log in to a secure portal wherein they can communicate with their physician or psychologistLast although many of the same ethical considerations are important when conducting researchusing mHealth or when using mHealth as a therapeutic mechanism the current article focuseson the use of mHealth as an adjunct to psychotherapy

This article focuses on the ethical and legal considerations specific to the use of apps andtexting as adjuncts to FTF psychotherapy For the purposes of this article we primarily focus onthe ethical and legal issues associated with the current American Psychological Association(APA) Ethics Code for psychologists providing mHealth as an adjunct to psychotherapyHowever many of the considerations are applicable to therapists practicing in other locationsIt should be noted that the field of social work has developed guidelines for the use oftechnology (Association of Social Work Boards International Technology Task Force 2014)which address some similar issues This article is divided into two parts The first part isdedicated to the ethical considerations for using mHealth as an adjunct to psychotherapywhereas the second part is dedicated to recommendations for the ethical use of mHealth

ETHICAL CONSIDERATIONS

Evidence Base

Among the approximately 165000 mHealth apps (IMS Health 2015 Powell et al 2016) only asmall subset to date have received empirical support As appealing and engaging as these toolsare as of November 2012 there were only approximately 215 known empirical studies ofmHealth technologies (Labrique Vasudevan Chang amp Mehl 2013) This dearth of evidencefor mHealth including mHealth apps and text-based interventions led to the Bellagio Call toAction on Global eHealth Evaluation (Amoroso Flores Arango amp Bailey 2011) calling onresearchers to invest in examining the evidence base for mHealth

4 KARCHER AND PRESSER

According to the APArsquos Ethical Principles of Psychologists and Code of Conduct (20022010hereinafter referred to as the Ethics Code) psychologists should base their work on establishedprofessional knowledge of therapeutic interventions Accordingly the psychologist shouldsuggest interventions for which there is evidence that the intervention will be effective inhelping with the focal problem area or symptom However given the dearth of empiricalevidence especially for mHealth apps it can be difficult for psychologists to discern whichmHealth interventions have empirical support for their effectiveness This is especially importantfor psychologists who work in clinical scientist and scientist-practitioner programs as the use ofevidence-based practice is stressed

Of the apps that do have empirical evidence research tends to focus more on physical health asopposed to ameliorating psychological symptoms Many of these studies indicate that mHealth appscan be useful for medication compliance and improving attendance (Car Gurol-Urganci de JonghVodopivec-Jamsek amp Atun 2012 Guy et al 2012 Vervloet et al 2012) Other popular andempirically supported use of mHealth apps address improving health-related behaviors such asstopping smoking losing weight and managing stress (Donker et al 2013) There is substantiallyless empirical evidence for the efficacy of apps or texting as therapeutic interventions to decreasesymptoms of mental illness (eg Gustafson et al 2011) Some research does suggest that mHealthinterventions can be effective in treating symptoms of depression anxiety and managing psychoticsymptoms (Aguilera et al 2015 Ben-Zeev et al 2014 Birney et al 2016) At last count howeverthere were only 10 research articles examining the effectiveness of mood disorder psychotherapyapps (Torous amp Powell 2015) These studies ranged in methodological quality Of these 10 studiesseveral involved randomized controlled studies Two studies found that guided apps led to areduction in depressive symptoms (Burns et al 2011Watts et al 2013) or an increase in emotionalself-awareness (Kauer et al 2012 Reid et al 2011) Several other RCTs found that unguided appsled to reductions in anxiety symptoms (Grassi Gaggioli amp Riva 2011 Villani et al 2012 2013)Another study found that an app in conjunction with FTF therapy led to a decrease in substance useurges (Rizvi Dimeff Skutch Carroll amp Linehan 2011) However the majority of studies haveexamined the feasibility and acceptance of apps (ie as opposed to examining symptom reduction asa result of the use of the apps eg Hidalgo-Mazzei et al 2015 Miloff Marklund amp Carlbring2015) Generally it appears that the early effectiveness evidence suggests that mHealth interventionscan be useful in increasing client engagement with treatment protocols

There is more empirical evidence for texting interventions including a meta-analysis indicat-ing that there is substantial evidence that text messaging is effective in increasing psychotropicmedication compliance (Hall et al 2015) and other studies indicate texting can be effective inreducing certain symptoms of mental illness such as schizophrenia (Granholm Ben-Zeev LinkBradshaw amp Holden 2011) Thus although psychologists have begun to make strides in termsof conducting empirical research regarding mHealth it is clear that much more research needs tobe conducted so that psychologists can make ethical and empirically informed mHealthrecommendations

Privacy

Confidentiality and the protection of patient privacy are critical ethical issues that arise with theuse of mHealth According to the APA Ethics Code Standard 401 ldquoPsychologists have aprimary obligation and take reasonable precautions to protect confidential information obtained

ETHICAL AND LEGAL ISSUES IN MHEALTH 5

through or stored in any mediumrdquo (p 7) Thus it is the psychologistrsquos responsibility to protectclientsrsquo information however communicated or stored However because text messaging andmHealth apps are not secure mediums it is difficult to uphold Standard 401 with the use ofmHealth This is particularly true for texting as there are several ways that confidentiality maybe breached through this medium

Confidential information being obtained by third parties is the largest threat to patient privacywith the use of mHealth (APA 2013) mHealth data can be obtained in a number of waysincluding through malware software (ie Trojan viruses spyware) and phishing messages(Department of Health Services 2012) Moreover threats to data security (ie new viruses)are constantly arising and evolving making it difficult to comprehensively protect mHealth dataPsychologists also face potential breeches in confidentiality if the psychotherapistrsquos or theclientrsquos mobile devices (eg smartphones tablets laptops smartwatches) are lost or stolen Itis also possible that parents or a significant other could install an app such as TextGuard on aclientrsquos phone that allows the third party to monitor all text messages received by the clientFurthermore there is no practical way to verify the clientrsquos identify when engaging in theseinterventions except when using a video-calling application such as FaceTime Psychologistsshould be aware that mobile devices can be hacked into and this risk increases when usingunsecured WiFi networks In addition psychologists should carefully dispose of mobile phonesas disposed phones can be mined for data Furthermore information that is not securely stored ortransmitted is vulnerable to the privacy and security issues previously mentioned (eg malwaretheft) Psychotherapists also need to have a policy in place regarding when text messagescontaining electronic protected health information (ePHI) should be deleted (Greene 2012)

To engage psychologists in measures to prevent breaches in privacy and security severalprofessional organizations have created new guidelines regarding telehealth (AmericanCounseling Association 2014 Canadian Psychological Association [CPA] 2006) These guide-lines include stipulations such as that text messages are not secure forms of communication andthat psychologists should inform clients of the possibility that information can be intercepted bythird parties The APA Ethics Code currently does not have a section specific to mHealth but itdoes mention that psychologists have an obligation to protect information obtained in anymedium so psychologists still must follow Standard 401 (Maintaining Confidentiality) whenengaging in mHealth Psychologists are also expected to discuss the relevant limits of con-fidentiality (Standard 402c)

Psychologists should also be mindful particularly with the use of texting of what informa-tion is disclosed in these unsecure mediums even to other providers According to APAStandard 404 psychologists should include in consultations ldquoonly information germane to thepurpose for which the communication is maderdquo (p 7) and should disclose confidential informa-tion only for professional purposes With the ease of use of text messaging it may be temptingfor psychologists to consult with other professionals about confidential matters over textmessages However psychologists should be mindful that this is not a secure medium and todiscuss information only pertinent to the consultation and only for professional purposes As anillustration when consulting about psychotic symptoms the psychologist should include onlythe information germane to the consultation (eg the nature of these symptoms) and avoiddisclosing information that is not pertinent to the consultation especially PHI such as nameoccupation or location An additional privacy and security concern is that wireless carriers haveaccess to userrsquos information Specifically most wireless carriers have access to app usage

6 KARCHER AND PRESSER

(Pepitone 2013) In addition the National Security Service can potentially have access to onersquos cellphone information including text messages (Taylor 2015) unless the mHealth intervention occursusing an end-to-end encryption app (which the government currently cannot access Burgess 2016)However psychologists should still ensure that they are engaging in other security safeguards as it ispossible for a third party to read encrypted messages (ie if someone reads the recipients decryptedmessages on either end or if a third party executes a ldquoman-in-the-middlerdquo attack in which the thirdparty inserts itself between the communications of a client and a server Greenberg 2014)

Furthermore the possibility of having breaches to privacy and security increases as informa-tion is included on multiple devices (eg including text messages on both iPhones and iPads)Psychologists must be mindful of what confidential information is stored on what devices andtry to minimize both the amount of information and the number of devices that have confidentialinformation Psychologists should be aware of the unique concerns associated with each deviceprior to using a device as an adjunct to psychotherapy For example the use of tablets or laptopshas increased privacy concerns as a result of presenting confidential information on a largerscreen In addition using a smartwatch may have increased privacy concerns as clientrsquos ortherapistrsquos messages may be visible on the screen Likewise video calling clients poses uniqueprivacy concerns as it is possible that information disclosed over this medium may be overheador seen by unintended third parties (ie colleagues family members etc)

Informed Consent

According to the APA Ethics Code Standard 310 when psychologists provide therapy ldquoinperson or via electronic transmission or other forms of communication they obtain the informedconsent of the individual or individualsrdquo (p 6) and this consent should be documented Inaddition for mHealth apps that involve administering assessments Standard 903a states thatpsychologists obtain informed consent for assessments However use of mHealth involvesseveral distinct challenges when obtaining and documenting informed consent Clients mustbe informed about the possibility of breaches of privacy and security whether the app or textingprocedure is experimental in nature and the potential for miscommunication in text-basedcommunication (Childress 2000) Furthermore the CPArsquos Ethical Guidelines for PsychologistsProviding Psychological Service via Electronic Media (2006) states that psychologists shouldinclude in the informed consent the risk of a technological failure during electronic commu-nications Psychologists should therefore include in the informed consent both the risk oftechnological failure and a safety plan such as giving emergency numbers in the event of atechnological failure such as loss of service Some psychologists have begun to developinformed consent templates for mHealth policies for clients (Kolmes 2010) Furthermore it isimportant that psychotherapists inform clients that mHealth texting and apps are not securemediums and that information stored on mobile devices could be obtained by third parties Thepsychologist should also explain that a breach of confidentiality could occur if the clientrsquos deviceis lost or stolen and must ensure that the client understands these potential risks prior to use ofmHealth interventions A benefit of developing a written mHealth policy for use with clients isthat it will delineate the possible concerns with privacy and security For example one existingpolicy explicitly states that clients should not use text messaging as a means of contact as thisform of communication can compromise confidentiality (Kolmes 2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 7

It is also important to create an informed consent process that is flexible for mHealth apps Asan example it is possible that a client may consent to track his or her mood but does not consent tohaving his or her voice recorded in an mHealth app such as with the Xpression app (ie an appthat uses voice recordings to determine the userrsquos emotional state) Thus psychologists must createan informed consent process that is flexible enough to allow the client to decline consent for thecollection of certain types of data such as voice or video recordings In addition psychologistsmust be explicit in the informed consent document as to how the data from the app will be usedhow the data will be stored any security and privacy issues and how long this information will bekept Finally as part of the consent process psychologists must inform participants aboutcircumstances in which they might be obliged to disclose personal information For instance forapps or texting interventions in which risk for harm to self or others is in any way assessed (egdialectical behavioral therapy apps) clients must be informed that this information may no longerbe confidential if the individual is judged by the psychotherapist to be a risk of harm to him- orherself or to others It should be noted that in addition to documenting the risks to security andprivacy in the consent form psychologists also have a responsibility to actively engage in effectivepractices for reducing risks to confidentiality (see Recommendations section)

Competence

Another important ethical dilemma that frequently arises is the issue of psychotherapist compe-tence According to APA Ethics Code Standard 201a psychologists provide services and teachonly in areas within the boundaries of their competence ldquobased on their education trainingsupervised experience consultation study or professional experiencerdquo (p 4) Competence inmHealth involves two distinct skills areas (a) competence with the particular mHealth inter-ventions and (b) technical skills (eg texting aptitude encryption use of electronic devices) Interms of competence with mHealth interventions mHealth poses a unique dilemma for psy-chotherapists as skills in FTF interactions do not automatically transfer into the digital environ-ment these are considered distinct skill areas (Rees amp Stone 2005) In addition there isevidence that the therapeutic alliance with the client as opposed to therapeutic technique isthe most important factor in therapeutic change (Erskine 1998) Psychologists must thereforemake sure that they are competently able to maintain a strong therapeutic alliance during use ofmHealth interventions Psychologists must also be competent enough in mHealth to knowledg-ably recommend appropriate interventions to clients According to Standard 201c psychologistsplanning to provide services involving areas or technologies that are new to the psychologistshould receive education and training in these areas The Association of Canadian PsychologyRegulatory Organizations (2011) guidelines also has stipulations that psychologists should becompetent prior to engaging in mHealth and should not address a problem using electronicmedia unless the psychologist is competent to do so in person Thus psychologists must ensurethat they have the relevant education training and skill to competently implement mHealthinterventions

Psychologists should also have an understanding of what diversity factors may impede orfacilitate the use of particular mHealth services (Standard 201b) Age is of particular importancefor the implementation of mHealth services as digital natives or younger individuals who grewup with digital devices and the Internet (Prensky 2001) may be more likely to comply with andenjoy mental health services that involve mHealth Conversely for digital immigrants or

8 KARCHER AND PRESSER

individuals born before the widespread implementation of digital devices and the Internet(Prensky 2001) difficulty with implementation of these services may impede progress inpsychotherapy This is just one example of how demographic factors may influence a psy-chotherapistrsquos decision to engage in mHealth Furthermore when determining whether toadminister an mHealth intervention make sure to consider the ldquodigital dividerdquo which refers tothe economic and social inequality with regards to access to and availability of technology(Warschauer 2004) Psychologists must engage in training consultation or supervision toensure that they are knowledgeable of how such individual demographic factors may affectthe use of mHealth and thereby to integrate mHealth appropriately and ethically

The second area concerning competency is whether psychologists have the technical skillsnecessary to effectively and ethically conduct mHealth interventions For instance therapistswho are not familiar with texting or the use of apps may struggle to competently and ethicallyengage with clients in the digital environment Barnett (2005) suggested that psychologists mustbe proficient in typing skills and be familiar with the technology (in this case the technology ofapps or texting) Knowledge of encryption or other means of secure communication is alsoimportant Psychotherapists who actively provide telepsychotherapy may already have devel-oped some of these skills as some of the requisite skills and competencies required for engagingin telepsychotherapy are similar to the use of mHealth

Finally psychologists must adhere to Standard 203 which states that competency trainingand education should be ongoing in order to maintain competence Thus it is not adequate tojust receive training and education in mHealth interventions Rather psychologists must receiveongoing up-to-date education and training in mHealth interventions and technologies especiallybecause mHealth is constantly evolving and new technologies are emerging

Boundaries

Due to the immediacy of contact the out-of-office setting and potential after-hours timingtexting has the potential to result in clients feeling closer to the therapist than what clients feelnaturally during FTF psychotherapy This raises the potential that the clientrsquos perception of thetherapeutic relationship could devolve into a less professional relationship with the bound-aries blurring between that and a friendship Given the ease and accessibility of texting clientsmay be inclined to text the psychotherapist regarding daily routine events whereas the clientwould not call an office phone to communicate about such events Furthermore given theavailability of the therapist in the clientrsquos regular life outside of psychotherapy and anawareness of the therapistrsquos phone number some clients may send messages outside officehours such as during the evening or at night or may continue to send text messages aftertermination of the therapeutic relationship as they now have the therapistrsquos phone numberTherefore psychologists need to consider their response to any irregular or postterminationcontact These permeable boundaries of the therapeutic structure also raise the possibility ofviolating Standard 305 which states that psychologists should refrain from multiple relation-ships if the relationship could impair the psychologistrsquos effectiveness or could cause harm tothe client In general therefore psychologists must be particularly attentive to management ofblurry boundaries and the potential for multiple relationships when engaging in mHealthinterventions especially texting

ETHICAL AND LEGAL ISSUES IN MHEALTH 9

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 2: Ethical and Legal Issues Addressing the Use of Mobile

the opportunity for customized feedback (Harrison et al 2011 Price et al 2014 Proudfoot ampNicholas 2010) can all augment therapeutic effectiveness However there are also severalethical legal and clinical issues related to mHealth implementation including problems withdata security privacy issues challenges with boundaries interjurisdictional practice concernsand others (eg Burns et al 2011 Donker et al 2013) Although ethical considerations fortelehealth have been well addressed in the literature scant attention to ethical issues has beengiven to the emerging area of mHealth Given the advantages to use of mobile devices (egsmartphones tablets laptops smartwatches) as adjunct treatment modalities it is criticallyimportant that psychotherapists be knowledgeable about the ethical issues surrounding the useof mHealth as a tool for treatment

USES OF mHEALTH

Text Messaging

Text messaging or texting has become an increasingly prevalent method of communication withpsychotherapy clients for both administrative (eg appointment scheduling) and treatment (egdialectical behavior therapy coaching texts) purposes Texting has been shown to have a number ofbenefits as an adjunct to psychotherapy including to increase treatment compliance through appoint-ment reminders (Sims et al 2012) to increase the therapeutic bond between sessions by increasing thefrequency of therapeutic communications (Aguilera amp Muntildeoz 2011) to provide increased access tothe psychotherapist especially in crisis management situations and to prompt behavioral activation(Hall et al 2015) For instance a randomized controlled study for the treatment of eating disordersindicated that participants who received tailored text message feedback following discharge from aninpatient treatment facility showed greater partial remission rates than those who did not receive thetexting intervention (Bauer Okon Meermann amp Kordy 2012) Additional evidence from a rando-mized controlled study indicated that participants receiving weight loss text messages lost significantlymore weight than participants who did not receive text messages (Patrick et al 2009) Last researchindicates that texting can be effective in disseminating health information such as in provision ofpsychoeducation about mental health issues or concerns (Kim amp Jeong 2007)

The use of text messaging for mHealth purposes is proliferating for several reasons includingthat it is both a timely and inexpensive way to communicate information to clients Furthermoretexting is often the communication method of choice for younger individuals and therefore maybe the best way to communicate brief information to young adults and adolescents (Dubus2015) Text messaging interventions also appear to be well received by clients with one studyfinding that 90 of text messages from interventions are read within 3 min of being received(Johnson 2013) Thus this level of client engagement seems to indicate that texting interven-tions may be effective in facilitating healthy behaviors outside of psychotherapy

Apps

Although still a young field the development of health-related applications or apps has explodedover the past decade with approximately 8000 health-related apps as of November 2010 (Dolan2010) and the most recent update indicating upwards of 165000 mHealth apps (Powell et al 2016)

2 KARCHER AND PRESSER

It is clear that this field is expanding extremely quickly with most of the apps focusing on physicalhealth topics Approximately 6 of these apps focus on mental health outcomes (eg moodtracking self-harm urges) whereas approximately 18 focus on behavioral health issues such asaltering sleep stress exercise and smoking behaviors (Donker et al 2013) In general mHealthapps can be a very useful adjunct to evidence-based psychotherapy as many of these apps includetreatment components of evidence-based practices such as cognitive behavioral psychotherapy andmotivational interviewing (eg Birney Gunn Russell amp Ary 2016) A current list of some mentalhealth apps can be found at the Zur Institute website (Zur Institute 2016) As can be seen on thiswebsite many apps assist clients with engaging in healthy behaviors outside of psychotherapy suchas enabling clients to monitor symptoms One popular app is Fitbit which can be used in conjunctionwith the Fitbit device to monitor exercise calories burned and sleep Another app is the eMoodsBipolar Mood Track app (Gigaram Technologies 2011) which allows the user to keep track ofmood ratings hours of sleep anxiety levels and medication use Similarly PsychLog is an mHealthapp that collects psychological and physiological information (eg calculates heart rate variability)which could be useful information for the treatment of anxiety and panic disorders It is apparenttherefore that mHealth apps can be used to provide ongoing feedback to clients regarding emotionaland physiological states to facilitate symptom monitoring outside of face-to-face (FTF)psychotherapy

Along these lines another use of mHealth apps is to serve as an adjunct to psychotherapy byproviding skills support in that apps can function as virtual coaches that provide real-time audioand visual instruction to facilitate practice of skills An example is relaxation breathing apps thathelp teach breathing techniques and facilitate related skill development Another example isDBT Field Coach an app that provides skill suggestions and instructions to assist clients whoneed assistance with skills suggestions when in an emotional crisis

Other apps serve as an adjunct to psychotherapy by sending messages to the psychotherapistor mental health care provider when the client is in a crisis situation For example there is anapp that locates patients with dementia so that in the event the individual wanders away from afacility he or she can be easily tracked (iWander Miskelly 2005) Some mHealth apps also sendmessages to psychotherapists when a client is in a potentially challenging or risky situation Asan illustration there are now substance abuse psychotherapy apps that utilize geolocation tocategorize risk locations for the client send reminder warnings when the client is in these areasand then initiate contact with a therapist or coach (Gustafson et al 2011 VahabzadehMezghanni Lin Epstein amp Preston 2010)

mHealth apps can function as an adjunct to psychotherapy by helping the client engage inbehaviors to enhance therapy compliance For instance some mHealth apps include a functionthat enables the client to record psychotherapy sessions for later review and other apps canincrease treatment compliance by allowing the user to record psychotherapy homework assign-ments MobilWork is an app that prompts clients to complete homework assignments andcoaches clients through the assignment (Trudeau 2010) Another project Interstress is a plat-form that enables users to manage treatment schedules administer surveys and manage home-work assignments (Gaggioli amp Riva 2013) These apps can assist in increasing adaptivebehaviors thus potentially increasing positive treatment outcomes

As is apparent the number of mHealth apps and texting interventions that can be used forpsychotherapy-related purposes is ever expanding However there are also a variety of sig-nificant ethical issues and legal considerations of which mental health practitioners should be

ETHICAL AND LEGAL ISSUES IN MHEALTH 3

mindful when deciding to incorporate mHealth tools into psychotherapy For the purposes of thisarticle ethical and legal issues surrounding evidence base security informed consent compe-tence boundaries avoiding harm documentation supervision assessment issues conflicts ofinterest and fees are discussed Finally recommendations for ethically and legally usingmHealth interventions are provided

General considerations associated with telehealth more broadly have been extensively dis-cussed elsewhere (eg Baker amp Bufka 2011 Barnett amp Scheetz 2003) Furthermore the use ofother specific technologies (ie chat rooms use of email video calling) has already beencovered in the literature (Anthony amp Goss 2003 Childress 2000 Kolmes 2010) New mobiletechnologies are continually being developed Although the current article focuses on the use oftexting and apps many of these ethical and legal considerations apply to other mobile devicessuch as but not limited to therapeutic use of mobile sensors (eg Fitbit Google Glass virtualreality devices etc) However psychotherapists should be aware that there may be uniqueethical considerations associated with each mobile device Furthermore technologies have beendeveloped such as encryption services and secure portals that may be downloaded on mobiledevices to make these devices more secure Many medical entities such as the VeteransAdministration use a secure patient portal in order to communicate with clients and requirestaff to communicate with patients only via this method These patient portals require the patientto log in to a secure portal wherein they can communicate with their physician or psychologistLast although many of the same ethical considerations are important when conducting researchusing mHealth or when using mHealth as a therapeutic mechanism the current article focuseson the use of mHealth as an adjunct to psychotherapy

This article focuses on the ethical and legal considerations specific to the use of apps andtexting as adjuncts to FTF psychotherapy For the purposes of this article we primarily focus onthe ethical and legal issues associated with the current American Psychological Association(APA) Ethics Code for psychologists providing mHealth as an adjunct to psychotherapyHowever many of the considerations are applicable to therapists practicing in other locationsIt should be noted that the field of social work has developed guidelines for the use oftechnology (Association of Social Work Boards International Technology Task Force 2014)which address some similar issues This article is divided into two parts The first part isdedicated to the ethical considerations for using mHealth as an adjunct to psychotherapywhereas the second part is dedicated to recommendations for the ethical use of mHealth

ETHICAL CONSIDERATIONS

Evidence Base

Among the approximately 165000 mHealth apps (IMS Health 2015 Powell et al 2016) only asmall subset to date have received empirical support As appealing and engaging as these toolsare as of November 2012 there were only approximately 215 known empirical studies ofmHealth technologies (Labrique Vasudevan Chang amp Mehl 2013) This dearth of evidencefor mHealth including mHealth apps and text-based interventions led to the Bellagio Call toAction on Global eHealth Evaluation (Amoroso Flores Arango amp Bailey 2011) calling onresearchers to invest in examining the evidence base for mHealth

4 KARCHER AND PRESSER

According to the APArsquos Ethical Principles of Psychologists and Code of Conduct (20022010hereinafter referred to as the Ethics Code) psychologists should base their work on establishedprofessional knowledge of therapeutic interventions Accordingly the psychologist shouldsuggest interventions for which there is evidence that the intervention will be effective inhelping with the focal problem area or symptom However given the dearth of empiricalevidence especially for mHealth apps it can be difficult for psychologists to discern whichmHealth interventions have empirical support for their effectiveness This is especially importantfor psychologists who work in clinical scientist and scientist-practitioner programs as the use ofevidence-based practice is stressed

Of the apps that do have empirical evidence research tends to focus more on physical health asopposed to ameliorating psychological symptoms Many of these studies indicate that mHealth appscan be useful for medication compliance and improving attendance (Car Gurol-Urganci de JonghVodopivec-Jamsek amp Atun 2012 Guy et al 2012 Vervloet et al 2012) Other popular andempirically supported use of mHealth apps address improving health-related behaviors such asstopping smoking losing weight and managing stress (Donker et al 2013) There is substantiallyless empirical evidence for the efficacy of apps or texting as therapeutic interventions to decreasesymptoms of mental illness (eg Gustafson et al 2011) Some research does suggest that mHealthinterventions can be effective in treating symptoms of depression anxiety and managing psychoticsymptoms (Aguilera et al 2015 Ben-Zeev et al 2014 Birney et al 2016) At last count howeverthere were only 10 research articles examining the effectiveness of mood disorder psychotherapyapps (Torous amp Powell 2015) These studies ranged in methodological quality Of these 10 studiesseveral involved randomized controlled studies Two studies found that guided apps led to areduction in depressive symptoms (Burns et al 2011Watts et al 2013) or an increase in emotionalself-awareness (Kauer et al 2012 Reid et al 2011) Several other RCTs found that unguided appsled to reductions in anxiety symptoms (Grassi Gaggioli amp Riva 2011 Villani et al 2012 2013)Another study found that an app in conjunction with FTF therapy led to a decrease in substance useurges (Rizvi Dimeff Skutch Carroll amp Linehan 2011) However the majority of studies haveexamined the feasibility and acceptance of apps (ie as opposed to examining symptom reduction asa result of the use of the apps eg Hidalgo-Mazzei et al 2015 Miloff Marklund amp Carlbring2015) Generally it appears that the early effectiveness evidence suggests that mHealth interventionscan be useful in increasing client engagement with treatment protocols

There is more empirical evidence for texting interventions including a meta-analysis indicat-ing that there is substantial evidence that text messaging is effective in increasing psychotropicmedication compliance (Hall et al 2015) and other studies indicate texting can be effective inreducing certain symptoms of mental illness such as schizophrenia (Granholm Ben-Zeev LinkBradshaw amp Holden 2011) Thus although psychologists have begun to make strides in termsof conducting empirical research regarding mHealth it is clear that much more research needs tobe conducted so that psychologists can make ethical and empirically informed mHealthrecommendations

Privacy

Confidentiality and the protection of patient privacy are critical ethical issues that arise with theuse of mHealth According to the APA Ethics Code Standard 401 ldquoPsychologists have aprimary obligation and take reasonable precautions to protect confidential information obtained

ETHICAL AND LEGAL ISSUES IN MHEALTH 5

through or stored in any mediumrdquo (p 7) Thus it is the psychologistrsquos responsibility to protectclientsrsquo information however communicated or stored However because text messaging andmHealth apps are not secure mediums it is difficult to uphold Standard 401 with the use ofmHealth This is particularly true for texting as there are several ways that confidentiality maybe breached through this medium

Confidential information being obtained by third parties is the largest threat to patient privacywith the use of mHealth (APA 2013) mHealth data can be obtained in a number of waysincluding through malware software (ie Trojan viruses spyware) and phishing messages(Department of Health Services 2012) Moreover threats to data security (ie new viruses)are constantly arising and evolving making it difficult to comprehensively protect mHealth dataPsychologists also face potential breeches in confidentiality if the psychotherapistrsquos or theclientrsquos mobile devices (eg smartphones tablets laptops smartwatches) are lost or stolen Itis also possible that parents or a significant other could install an app such as TextGuard on aclientrsquos phone that allows the third party to monitor all text messages received by the clientFurthermore there is no practical way to verify the clientrsquos identify when engaging in theseinterventions except when using a video-calling application such as FaceTime Psychologistsshould be aware that mobile devices can be hacked into and this risk increases when usingunsecured WiFi networks In addition psychologists should carefully dispose of mobile phonesas disposed phones can be mined for data Furthermore information that is not securely stored ortransmitted is vulnerable to the privacy and security issues previously mentioned (eg malwaretheft) Psychotherapists also need to have a policy in place regarding when text messagescontaining electronic protected health information (ePHI) should be deleted (Greene 2012)

To engage psychologists in measures to prevent breaches in privacy and security severalprofessional organizations have created new guidelines regarding telehealth (AmericanCounseling Association 2014 Canadian Psychological Association [CPA] 2006) These guide-lines include stipulations such as that text messages are not secure forms of communication andthat psychologists should inform clients of the possibility that information can be intercepted bythird parties The APA Ethics Code currently does not have a section specific to mHealth but itdoes mention that psychologists have an obligation to protect information obtained in anymedium so psychologists still must follow Standard 401 (Maintaining Confidentiality) whenengaging in mHealth Psychologists are also expected to discuss the relevant limits of con-fidentiality (Standard 402c)

Psychologists should also be mindful particularly with the use of texting of what informa-tion is disclosed in these unsecure mediums even to other providers According to APAStandard 404 psychologists should include in consultations ldquoonly information germane to thepurpose for which the communication is maderdquo (p 7) and should disclose confidential informa-tion only for professional purposes With the ease of use of text messaging it may be temptingfor psychologists to consult with other professionals about confidential matters over textmessages However psychologists should be mindful that this is not a secure medium and todiscuss information only pertinent to the consultation and only for professional purposes As anillustration when consulting about psychotic symptoms the psychologist should include onlythe information germane to the consultation (eg the nature of these symptoms) and avoiddisclosing information that is not pertinent to the consultation especially PHI such as nameoccupation or location An additional privacy and security concern is that wireless carriers haveaccess to userrsquos information Specifically most wireless carriers have access to app usage

6 KARCHER AND PRESSER

(Pepitone 2013) In addition the National Security Service can potentially have access to onersquos cellphone information including text messages (Taylor 2015) unless the mHealth intervention occursusing an end-to-end encryption app (which the government currently cannot access Burgess 2016)However psychologists should still ensure that they are engaging in other security safeguards as it ispossible for a third party to read encrypted messages (ie if someone reads the recipients decryptedmessages on either end or if a third party executes a ldquoman-in-the-middlerdquo attack in which the thirdparty inserts itself between the communications of a client and a server Greenberg 2014)

Furthermore the possibility of having breaches to privacy and security increases as informa-tion is included on multiple devices (eg including text messages on both iPhones and iPads)Psychologists must be mindful of what confidential information is stored on what devices andtry to minimize both the amount of information and the number of devices that have confidentialinformation Psychologists should be aware of the unique concerns associated with each deviceprior to using a device as an adjunct to psychotherapy For example the use of tablets or laptopshas increased privacy concerns as a result of presenting confidential information on a largerscreen In addition using a smartwatch may have increased privacy concerns as clientrsquos ortherapistrsquos messages may be visible on the screen Likewise video calling clients poses uniqueprivacy concerns as it is possible that information disclosed over this medium may be overheador seen by unintended third parties (ie colleagues family members etc)

Informed Consent

According to the APA Ethics Code Standard 310 when psychologists provide therapy ldquoinperson or via electronic transmission or other forms of communication they obtain the informedconsent of the individual or individualsrdquo (p 6) and this consent should be documented Inaddition for mHealth apps that involve administering assessments Standard 903a states thatpsychologists obtain informed consent for assessments However use of mHealth involvesseveral distinct challenges when obtaining and documenting informed consent Clients mustbe informed about the possibility of breaches of privacy and security whether the app or textingprocedure is experimental in nature and the potential for miscommunication in text-basedcommunication (Childress 2000) Furthermore the CPArsquos Ethical Guidelines for PsychologistsProviding Psychological Service via Electronic Media (2006) states that psychologists shouldinclude in the informed consent the risk of a technological failure during electronic commu-nications Psychologists should therefore include in the informed consent both the risk oftechnological failure and a safety plan such as giving emergency numbers in the event of atechnological failure such as loss of service Some psychologists have begun to developinformed consent templates for mHealth policies for clients (Kolmes 2010) Furthermore it isimportant that psychotherapists inform clients that mHealth texting and apps are not securemediums and that information stored on mobile devices could be obtained by third parties Thepsychologist should also explain that a breach of confidentiality could occur if the clientrsquos deviceis lost or stolen and must ensure that the client understands these potential risks prior to use ofmHealth interventions A benefit of developing a written mHealth policy for use with clients isthat it will delineate the possible concerns with privacy and security For example one existingpolicy explicitly states that clients should not use text messaging as a means of contact as thisform of communication can compromise confidentiality (Kolmes 2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 7

It is also important to create an informed consent process that is flexible for mHealth apps Asan example it is possible that a client may consent to track his or her mood but does not consent tohaving his or her voice recorded in an mHealth app such as with the Xpression app (ie an appthat uses voice recordings to determine the userrsquos emotional state) Thus psychologists must createan informed consent process that is flexible enough to allow the client to decline consent for thecollection of certain types of data such as voice or video recordings In addition psychologistsmust be explicit in the informed consent document as to how the data from the app will be usedhow the data will be stored any security and privacy issues and how long this information will bekept Finally as part of the consent process psychologists must inform participants aboutcircumstances in which they might be obliged to disclose personal information For instance forapps or texting interventions in which risk for harm to self or others is in any way assessed (egdialectical behavioral therapy apps) clients must be informed that this information may no longerbe confidential if the individual is judged by the psychotherapist to be a risk of harm to him- orherself or to others It should be noted that in addition to documenting the risks to security andprivacy in the consent form psychologists also have a responsibility to actively engage in effectivepractices for reducing risks to confidentiality (see Recommendations section)

Competence

Another important ethical dilemma that frequently arises is the issue of psychotherapist compe-tence According to APA Ethics Code Standard 201a psychologists provide services and teachonly in areas within the boundaries of their competence ldquobased on their education trainingsupervised experience consultation study or professional experiencerdquo (p 4) Competence inmHealth involves two distinct skills areas (a) competence with the particular mHealth inter-ventions and (b) technical skills (eg texting aptitude encryption use of electronic devices) Interms of competence with mHealth interventions mHealth poses a unique dilemma for psy-chotherapists as skills in FTF interactions do not automatically transfer into the digital environ-ment these are considered distinct skill areas (Rees amp Stone 2005) In addition there isevidence that the therapeutic alliance with the client as opposed to therapeutic technique isthe most important factor in therapeutic change (Erskine 1998) Psychologists must thereforemake sure that they are competently able to maintain a strong therapeutic alliance during use ofmHealth interventions Psychologists must also be competent enough in mHealth to knowledg-ably recommend appropriate interventions to clients According to Standard 201c psychologistsplanning to provide services involving areas or technologies that are new to the psychologistshould receive education and training in these areas The Association of Canadian PsychologyRegulatory Organizations (2011) guidelines also has stipulations that psychologists should becompetent prior to engaging in mHealth and should not address a problem using electronicmedia unless the psychologist is competent to do so in person Thus psychologists must ensurethat they have the relevant education training and skill to competently implement mHealthinterventions

Psychologists should also have an understanding of what diversity factors may impede orfacilitate the use of particular mHealth services (Standard 201b) Age is of particular importancefor the implementation of mHealth services as digital natives or younger individuals who grewup with digital devices and the Internet (Prensky 2001) may be more likely to comply with andenjoy mental health services that involve mHealth Conversely for digital immigrants or

8 KARCHER AND PRESSER

individuals born before the widespread implementation of digital devices and the Internet(Prensky 2001) difficulty with implementation of these services may impede progress inpsychotherapy This is just one example of how demographic factors may influence a psy-chotherapistrsquos decision to engage in mHealth Furthermore when determining whether toadminister an mHealth intervention make sure to consider the ldquodigital dividerdquo which refers tothe economic and social inequality with regards to access to and availability of technology(Warschauer 2004) Psychologists must engage in training consultation or supervision toensure that they are knowledgeable of how such individual demographic factors may affectthe use of mHealth and thereby to integrate mHealth appropriately and ethically

The second area concerning competency is whether psychologists have the technical skillsnecessary to effectively and ethically conduct mHealth interventions For instance therapistswho are not familiar with texting or the use of apps may struggle to competently and ethicallyengage with clients in the digital environment Barnett (2005) suggested that psychologists mustbe proficient in typing skills and be familiar with the technology (in this case the technology ofapps or texting) Knowledge of encryption or other means of secure communication is alsoimportant Psychotherapists who actively provide telepsychotherapy may already have devel-oped some of these skills as some of the requisite skills and competencies required for engagingin telepsychotherapy are similar to the use of mHealth

Finally psychologists must adhere to Standard 203 which states that competency trainingand education should be ongoing in order to maintain competence Thus it is not adequate tojust receive training and education in mHealth interventions Rather psychologists must receiveongoing up-to-date education and training in mHealth interventions and technologies especiallybecause mHealth is constantly evolving and new technologies are emerging

Boundaries

Due to the immediacy of contact the out-of-office setting and potential after-hours timingtexting has the potential to result in clients feeling closer to the therapist than what clients feelnaturally during FTF psychotherapy This raises the potential that the clientrsquos perception of thetherapeutic relationship could devolve into a less professional relationship with the bound-aries blurring between that and a friendship Given the ease and accessibility of texting clientsmay be inclined to text the psychotherapist regarding daily routine events whereas the clientwould not call an office phone to communicate about such events Furthermore given theavailability of the therapist in the clientrsquos regular life outside of psychotherapy and anawareness of the therapistrsquos phone number some clients may send messages outside officehours such as during the evening or at night or may continue to send text messages aftertermination of the therapeutic relationship as they now have the therapistrsquos phone numberTherefore psychologists need to consider their response to any irregular or postterminationcontact These permeable boundaries of the therapeutic structure also raise the possibility ofviolating Standard 305 which states that psychologists should refrain from multiple relation-ships if the relationship could impair the psychologistrsquos effectiveness or could cause harm tothe client In general therefore psychologists must be particularly attentive to management ofblurry boundaries and the potential for multiple relationships when engaging in mHealthinterventions especially texting

ETHICAL AND LEGAL ISSUES IN MHEALTH 9

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 3: Ethical and Legal Issues Addressing the Use of Mobile

It is clear that this field is expanding extremely quickly with most of the apps focusing on physicalhealth topics Approximately 6 of these apps focus on mental health outcomes (eg moodtracking self-harm urges) whereas approximately 18 focus on behavioral health issues such asaltering sleep stress exercise and smoking behaviors (Donker et al 2013) In general mHealthapps can be a very useful adjunct to evidence-based psychotherapy as many of these apps includetreatment components of evidence-based practices such as cognitive behavioral psychotherapy andmotivational interviewing (eg Birney Gunn Russell amp Ary 2016) A current list of some mentalhealth apps can be found at the Zur Institute website (Zur Institute 2016) As can be seen on thiswebsite many apps assist clients with engaging in healthy behaviors outside of psychotherapy suchas enabling clients to monitor symptoms One popular app is Fitbit which can be used in conjunctionwith the Fitbit device to monitor exercise calories burned and sleep Another app is the eMoodsBipolar Mood Track app (Gigaram Technologies 2011) which allows the user to keep track ofmood ratings hours of sleep anxiety levels and medication use Similarly PsychLog is an mHealthapp that collects psychological and physiological information (eg calculates heart rate variability)which could be useful information for the treatment of anxiety and panic disorders It is apparenttherefore that mHealth apps can be used to provide ongoing feedback to clients regarding emotionaland physiological states to facilitate symptom monitoring outside of face-to-face (FTF)psychotherapy

Along these lines another use of mHealth apps is to serve as an adjunct to psychotherapy byproviding skills support in that apps can function as virtual coaches that provide real-time audioand visual instruction to facilitate practice of skills An example is relaxation breathing apps thathelp teach breathing techniques and facilitate related skill development Another example isDBT Field Coach an app that provides skill suggestions and instructions to assist clients whoneed assistance with skills suggestions when in an emotional crisis

Other apps serve as an adjunct to psychotherapy by sending messages to the psychotherapistor mental health care provider when the client is in a crisis situation For example there is anapp that locates patients with dementia so that in the event the individual wanders away from afacility he or she can be easily tracked (iWander Miskelly 2005) Some mHealth apps also sendmessages to psychotherapists when a client is in a potentially challenging or risky situation Asan illustration there are now substance abuse psychotherapy apps that utilize geolocation tocategorize risk locations for the client send reminder warnings when the client is in these areasand then initiate contact with a therapist or coach (Gustafson et al 2011 VahabzadehMezghanni Lin Epstein amp Preston 2010)

mHealth apps can function as an adjunct to psychotherapy by helping the client engage inbehaviors to enhance therapy compliance For instance some mHealth apps include a functionthat enables the client to record psychotherapy sessions for later review and other apps canincrease treatment compliance by allowing the user to record psychotherapy homework assign-ments MobilWork is an app that prompts clients to complete homework assignments andcoaches clients through the assignment (Trudeau 2010) Another project Interstress is a plat-form that enables users to manage treatment schedules administer surveys and manage home-work assignments (Gaggioli amp Riva 2013) These apps can assist in increasing adaptivebehaviors thus potentially increasing positive treatment outcomes

As is apparent the number of mHealth apps and texting interventions that can be used forpsychotherapy-related purposes is ever expanding However there are also a variety of sig-nificant ethical issues and legal considerations of which mental health practitioners should be

ETHICAL AND LEGAL ISSUES IN MHEALTH 3

mindful when deciding to incorporate mHealth tools into psychotherapy For the purposes of thisarticle ethical and legal issues surrounding evidence base security informed consent compe-tence boundaries avoiding harm documentation supervision assessment issues conflicts ofinterest and fees are discussed Finally recommendations for ethically and legally usingmHealth interventions are provided

General considerations associated with telehealth more broadly have been extensively dis-cussed elsewhere (eg Baker amp Bufka 2011 Barnett amp Scheetz 2003) Furthermore the use ofother specific technologies (ie chat rooms use of email video calling) has already beencovered in the literature (Anthony amp Goss 2003 Childress 2000 Kolmes 2010) New mobiletechnologies are continually being developed Although the current article focuses on the use oftexting and apps many of these ethical and legal considerations apply to other mobile devicessuch as but not limited to therapeutic use of mobile sensors (eg Fitbit Google Glass virtualreality devices etc) However psychotherapists should be aware that there may be uniqueethical considerations associated with each mobile device Furthermore technologies have beendeveloped such as encryption services and secure portals that may be downloaded on mobiledevices to make these devices more secure Many medical entities such as the VeteransAdministration use a secure patient portal in order to communicate with clients and requirestaff to communicate with patients only via this method These patient portals require the patientto log in to a secure portal wherein they can communicate with their physician or psychologistLast although many of the same ethical considerations are important when conducting researchusing mHealth or when using mHealth as a therapeutic mechanism the current article focuseson the use of mHealth as an adjunct to psychotherapy

This article focuses on the ethical and legal considerations specific to the use of apps andtexting as adjuncts to FTF psychotherapy For the purposes of this article we primarily focus onthe ethical and legal issues associated with the current American Psychological Association(APA) Ethics Code for psychologists providing mHealth as an adjunct to psychotherapyHowever many of the considerations are applicable to therapists practicing in other locationsIt should be noted that the field of social work has developed guidelines for the use oftechnology (Association of Social Work Boards International Technology Task Force 2014)which address some similar issues This article is divided into two parts The first part isdedicated to the ethical considerations for using mHealth as an adjunct to psychotherapywhereas the second part is dedicated to recommendations for the ethical use of mHealth

ETHICAL CONSIDERATIONS

Evidence Base

Among the approximately 165000 mHealth apps (IMS Health 2015 Powell et al 2016) only asmall subset to date have received empirical support As appealing and engaging as these toolsare as of November 2012 there were only approximately 215 known empirical studies ofmHealth technologies (Labrique Vasudevan Chang amp Mehl 2013) This dearth of evidencefor mHealth including mHealth apps and text-based interventions led to the Bellagio Call toAction on Global eHealth Evaluation (Amoroso Flores Arango amp Bailey 2011) calling onresearchers to invest in examining the evidence base for mHealth

4 KARCHER AND PRESSER

According to the APArsquos Ethical Principles of Psychologists and Code of Conduct (20022010hereinafter referred to as the Ethics Code) psychologists should base their work on establishedprofessional knowledge of therapeutic interventions Accordingly the psychologist shouldsuggest interventions for which there is evidence that the intervention will be effective inhelping with the focal problem area or symptom However given the dearth of empiricalevidence especially for mHealth apps it can be difficult for psychologists to discern whichmHealth interventions have empirical support for their effectiveness This is especially importantfor psychologists who work in clinical scientist and scientist-practitioner programs as the use ofevidence-based practice is stressed

Of the apps that do have empirical evidence research tends to focus more on physical health asopposed to ameliorating psychological symptoms Many of these studies indicate that mHealth appscan be useful for medication compliance and improving attendance (Car Gurol-Urganci de JonghVodopivec-Jamsek amp Atun 2012 Guy et al 2012 Vervloet et al 2012) Other popular andempirically supported use of mHealth apps address improving health-related behaviors such asstopping smoking losing weight and managing stress (Donker et al 2013) There is substantiallyless empirical evidence for the efficacy of apps or texting as therapeutic interventions to decreasesymptoms of mental illness (eg Gustafson et al 2011) Some research does suggest that mHealthinterventions can be effective in treating symptoms of depression anxiety and managing psychoticsymptoms (Aguilera et al 2015 Ben-Zeev et al 2014 Birney et al 2016) At last count howeverthere were only 10 research articles examining the effectiveness of mood disorder psychotherapyapps (Torous amp Powell 2015) These studies ranged in methodological quality Of these 10 studiesseveral involved randomized controlled studies Two studies found that guided apps led to areduction in depressive symptoms (Burns et al 2011Watts et al 2013) or an increase in emotionalself-awareness (Kauer et al 2012 Reid et al 2011) Several other RCTs found that unguided appsled to reductions in anxiety symptoms (Grassi Gaggioli amp Riva 2011 Villani et al 2012 2013)Another study found that an app in conjunction with FTF therapy led to a decrease in substance useurges (Rizvi Dimeff Skutch Carroll amp Linehan 2011) However the majority of studies haveexamined the feasibility and acceptance of apps (ie as opposed to examining symptom reduction asa result of the use of the apps eg Hidalgo-Mazzei et al 2015 Miloff Marklund amp Carlbring2015) Generally it appears that the early effectiveness evidence suggests that mHealth interventionscan be useful in increasing client engagement with treatment protocols

There is more empirical evidence for texting interventions including a meta-analysis indicat-ing that there is substantial evidence that text messaging is effective in increasing psychotropicmedication compliance (Hall et al 2015) and other studies indicate texting can be effective inreducing certain symptoms of mental illness such as schizophrenia (Granholm Ben-Zeev LinkBradshaw amp Holden 2011) Thus although psychologists have begun to make strides in termsof conducting empirical research regarding mHealth it is clear that much more research needs tobe conducted so that psychologists can make ethical and empirically informed mHealthrecommendations

Privacy

Confidentiality and the protection of patient privacy are critical ethical issues that arise with theuse of mHealth According to the APA Ethics Code Standard 401 ldquoPsychologists have aprimary obligation and take reasonable precautions to protect confidential information obtained

ETHICAL AND LEGAL ISSUES IN MHEALTH 5

through or stored in any mediumrdquo (p 7) Thus it is the psychologistrsquos responsibility to protectclientsrsquo information however communicated or stored However because text messaging andmHealth apps are not secure mediums it is difficult to uphold Standard 401 with the use ofmHealth This is particularly true for texting as there are several ways that confidentiality maybe breached through this medium

Confidential information being obtained by third parties is the largest threat to patient privacywith the use of mHealth (APA 2013) mHealth data can be obtained in a number of waysincluding through malware software (ie Trojan viruses spyware) and phishing messages(Department of Health Services 2012) Moreover threats to data security (ie new viruses)are constantly arising and evolving making it difficult to comprehensively protect mHealth dataPsychologists also face potential breeches in confidentiality if the psychotherapistrsquos or theclientrsquos mobile devices (eg smartphones tablets laptops smartwatches) are lost or stolen Itis also possible that parents or a significant other could install an app such as TextGuard on aclientrsquos phone that allows the third party to monitor all text messages received by the clientFurthermore there is no practical way to verify the clientrsquos identify when engaging in theseinterventions except when using a video-calling application such as FaceTime Psychologistsshould be aware that mobile devices can be hacked into and this risk increases when usingunsecured WiFi networks In addition psychologists should carefully dispose of mobile phonesas disposed phones can be mined for data Furthermore information that is not securely stored ortransmitted is vulnerable to the privacy and security issues previously mentioned (eg malwaretheft) Psychotherapists also need to have a policy in place regarding when text messagescontaining electronic protected health information (ePHI) should be deleted (Greene 2012)

To engage psychologists in measures to prevent breaches in privacy and security severalprofessional organizations have created new guidelines regarding telehealth (AmericanCounseling Association 2014 Canadian Psychological Association [CPA] 2006) These guide-lines include stipulations such as that text messages are not secure forms of communication andthat psychologists should inform clients of the possibility that information can be intercepted bythird parties The APA Ethics Code currently does not have a section specific to mHealth but itdoes mention that psychologists have an obligation to protect information obtained in anymedium so psychologists still must follow Standard 401 (Maintaining Confidentiality) whenengaging in mHealth Psychologists are also expected to discuss the relevant limits of con-fidentiality (Standard 402c)

Psychologists should also be mindful particularly with the use of texting of what informa-tion is disclosed in these unsecure mediums even to other providers According to APAStandard 404 psychologists should include in consultations ldquoonly information germane to thepurpose for which the communication is maderdquo (p 7) and should disclose confidential informa-tion only for professional purposes With the ease of use of text messaging it may be temptingfor psychologists to consult with other professionals about confidential matters over textmessages However psychologists should be mindful that this is not a secure medium and todiscuss information only pertinent to the consultation and only for professional purposes As anillustration when consulting about psychotic symptoms the psychologist should include onlythe information germane to the consultation (eg the nature of these symptoms) and avoiddisclosing information that is not pertinent to the consultation especially PHI such as nameoccupation or location An additional privacy and security concern is that wireless carriers haveaccess to userrsquos information Specifically most wireless carriers have access to app usage

6 KARCHER AND PRESSER

(Pepitone 2013) In addition the National Security Service can potentially have access to onersquos cellphone information including text messages (Taylor 2015) unless the mHealth intervention occursusing an end-to-end encryption app (which the government currently cannot access Burgess 2016)However psychologists should still ensure that they are engaging in other security safeguards as it ispossible for a third party to read encrypted messages (ie if someone reads the recipients decryptedmessages on either end or if a third party executes a ldquoman-in-the-middlerdquo attack in which the thirdparty inserts itself between the communications of a client and a server Greenberg 2014)

Furthermore the possibility of having breaches to privacy and security increases as informa-tion is included on multiple devices (eg including text messages on both iPhones and iPads)Psychologists must be mindful of what confidential information is stored on what devices andtry to minimize both the amount of information and the number of devices that have confidentialinformation Psychologists should be aware of the unique concerns associated with each deviceprior to using a device as an adjunct to psychotherapy For example the use of tablets or laptopshas increased privacy concerns as a result of presenting confidential information on a largerscreen In addition using a smartwatch may have increased privacy concerns as clientrsquos ortherapistrsquos messages may be visible on the screen Likewise video calling clients poses uniqueprivacy concerns as it is possible that information disclosed over this medium may be overheador seen by unintended third parties (ie colleagues family members etc)

Informed Consent

According to the APA Ethics Code Standard 310 when psychologists provide therapy ldquoinperson or via electronic transmission or other forms of communication they obtain the informedconsent of the individual or individualsrdquo (p 6) and this consent should be documented Inaddition for mHealth apps that involve administering assessments Standard 903a states thatpsychologists obtain informed consent for assessments However use of mHealth involvesseveral distinct challenges when obtaining and documenting informed consent Clients mustbe informed about the possibility of breaches of privacy and security whether the app or textingprocedure is experimental in nature and the potential for miscommunication in text-basedcommunication (Childress 2000) Furthermore the CPArsquos Ethical Guidelines for PsychologistsProviding Psychological Service via Electronic Media (2006) states that psychologists shouldinclude in the informed consent the risk of a technological failure during electronic commu-nications Psychologists should therefore include in the informed consent both the risk oftechnological failure and a safety plan such as giving emergency numbers in the event of atechnological failure such as loss of service Some psychologists have begun to developinformed consent templates for mHealth policies for clients (Kolmes 2010) Furthermore it isimportant that psychotherapists inform clients that mHealth texting and apps are not securemediums and that information stored on mobile devices could be obtained by third parties Thepsychologist should also explain that a breach of confidentiality could occur if the clientrsquos deviceis lost or stolen and must ensure that the client understands these potential risks prior to use ofmHealth interventions A benefit of developing a written mHealth policy for use with clients isthat it will delineate the possible concerns with privacy and security For example one existingpolicy explicitly states that clients should not use text messaging as a means of contact as thisform of communication can compromise confidentiality (Kolmes 2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 7

It is also important to create an informed consent process that is flexible for mHealth apps Asan example it is possible that a client may consent to track his or her mood but does not consent tohaving his or her voice recorded in an mHealth app such as with the Xpression app (ie an appthat uses voice recordings to determine the userrsquos emotional state) Thus psychologists must createan informed consent process that is flexible enough to allow the client to decline consent for thecollection of certain types of data such as voice or video recordings In addition psychologistsmust be explicit in the informed consent document as to how the data from the app will be usedhow the data will be stored any security and privacy issues and how long this information will bekept Finally as part of the consent process psychologists must inform participants aboutcircumstances in which they might be obliged to disclose personal information For instance forapps or texting interventions in which risk for harm to self or others is in any way assessed (egdialectical behavioral therapy apps) clients must be informed that this information may no longerbe confidential if the individual is judged by the psychotherapist to be a risk of harm to him- orherself or to others It should be noted that in addition to documenting the risks to security andprivacy in the consent form psychologists also have a responsibility to actively engage in effectivepractices for reducing risks to confidentiality (see Recommendations section)

Competence

Another important ethical dilemma that frequently arises is the issue of psychotherapist compe-tence According to APA Ethics Code Standard 201a psychologists provide services and teachonly in areas within the boundaries of their competence ldquobased on their education trainingsupervised experience consultation study or professional experiencerdquo (p 4) Competence inmHealth involves two distinct skills areas (a) competence with the particular mHealth inter-ventions and (b) technical skills (eg texting aptitude encryption use of electronic devices) Interms of competence with mHealth interventions mHealth poses a unique dilemma for psy-chotherapists as skills in FTF interactions do not automatically transfer into the digital environ-ment these are considered distinct skill areas (Rees amp Stone 2005) In addition there isevidence that the therapeutic alliance with the client as opposed to therapeutic technique isthe most important factor in therapeutic change (Erskine 1998) Psychologists must thereforemake sure that they are competently able to maintain a strong therapeutic alliance during use ofmHealth interventions Psychologists must also be competent enough in mHealth to knowledg-ably recommend appropriate interventions to clients According to Standard 201c psychologistsplanning to provide services involving areas or technologies that are new to the psychologistshould receive education and training in these areas The Association of Canadian PsychologyRegulatory Organizations (2011) guidelines also has stipulations that psychologists should becompetent prior to engaging in mHealth and should not address a problem using electronicmedia unless the psychologist is competent to do so in person Thus psychologists must ensurethat they have the relevant education training and skill to competently implement mHealthinterventions

Psychologists should also have an understanding of what diversity factors may impede orfacilitate the use of particular mHealth services (Standard 201b) Age is of particular importancefor the implementation of mHealth services as digital natives or younger individuals who grewup with digital devices and the Internet (Prensky 2001) may be more likely to comply with andenjoy mental health services that involve mHealth Conversely for digital immigrants or

8 KARCHER AND PRESSER

individuals born before the widespread implementation of digital devices and the Internet(Prensky 2001) difficulty with implementation of these services may impede progress inpsychotherapy This is just one example of how demographic factors may influence a psy-chotherapistrsquos decision to engage in mHealth Furthermore when determining whether toadminister an mHealth intervention make sure to consider the ldquodigital dividerdquo which refers tothe economic and social inequality with regards to access to and availability of technology(Warschauer 2004) Psychologists must engage in training consultation or supervision toensure that they are knowledgeable of how such individual demographic factors may affectthe use of mHealth and thereby to integrate mHealth appropriately and ethically

The second area concerning competency is whether psychologists have the technical skillsnecessary to effectively and ethically conduct mHealth interventions For instance therapistswho are not familiar with texting or the use of apps may struggle to competently and ethicallyengage with clients in the digital environment Barnett (2005) suggested that psychologists mustbe proficient in typing skills and be familiar with the technology (in this case the technology ofapps or texting) Knowledge of encryption or other means of secure communication is alsoimportant Psychotherapists who actively provide telepsychotherapy may already have devel-oped some of these skills as some of the requisite skills and competencies required for engagingin telepsychotherapy are similar to the use of mHealth

Finally psychologists must adhere to Standard 203 which states that competency trainingand education should be ongoing in order to maintain competence Thus it is not adequate tojust receive training and education in mHealth interventions Rather psychologists must receiveongoing up-to-date education and training in mHealth interventions and technologies especiallybecause mHealth is constantly evolving and new technologies are emerging

Boundaries

Due to the immediacy of contact the out-of-office setting and potential after-hours timingtexting has the potential to result in clients feeling closer to the therapist than what clients feelnaturally during FTF psychotherapy This raises the potential that the clientrsquos perception of thetherapeutic relationship could devolve into a less professional relationship with the bound-aries blurring between that and a friendship Given the ease and accessibility of texting clientsmay be inclined to text the psychotherapist regarding daily routine events whereas the clientwould not call an office phone to communicate about such events Furthermore given theavailability of the therapist in the clientrsquos regular life outside of psychotherapy and anawareness of the therapistrsquos phone number some clients may send messages outside officehours such as during the evening or at night or may continue to send text messages aftertermination of the therapeutic relationship as they now have the therapistrsquos phone numberTherefore psychologists need to consider their response to any irregular or postterminationcontact These permeable boundaries of the therapeutic structure also raise the possibility ofviolating Standard 305 which states that psychologists should refrain from multiple relation-ships if the relationship could impair the psychologistrsquos effectiveness or could cause harm tothe client In general therefore psychologists must be particularly attentive to management ofblurry boundaries and the potential for multiple relationships when engaging in mHealthinterventions especially texting

ETHICAL AND LEGAL ISSUES IN MHEALTH 9

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 4: Ethical and Legal Issues Addressing the Use of Mobile

mindful when deciding to incorporate mHealth tools into psychotherapy For the purposes of thisarticle ethical and legal issues surrounding evidence base security informed consent compe-tence boundaries avoiding harm documentation supervision assessment issues conflicts ofinterest and fees are discussed Finally recommendations for ethically and legally usingmHealth interventions are provided

General considerations associated with telehealth more broadly have been extensively dis-cussed elsewhere (eg Baker amp Bufka 2011 Barnett amp Scheetz 2003) Furthermore the use ofother specific technologies (ie chat rooms use of email video calling) has already beencovered in the literature (Anthony amp Goss 2003 Childress 2000 Kolmes 2010) New mobiletechnologies are continually being developed Although the current article focuses on the use oftexting and apps many of these ethical and legal considerations apply to other mobile devicessuch as but not limited to therapeutic use of mobile sensors (eg Fitbit Google Glass virtualreality devices etc) However psychotherapists should be aware that there may be uniqueethical considerations associated with each mobile device Furthermore technologies have beendeveloped such as encryption services and secure portals that may be downloaded on mobiledevices to make these devices more secure Many medical entities such as the VeteransAdministration use a secure patient portal in order to communicate with clients and requirestaff to communicate with patients only via this method These patient portals require the patientto log in to a secure portal wherein they can communicate with their physician or psychologistLast although many of the same ethical considerations are important when conducting researchusing mHealth or when using mHealth as a therapeutic mechanism the current article focuseson the use of mHealth as an adjunct to psychotherapy

This article focuses on the ethical and legal considerations specific to the use of apps andtexting as adjuncts to FTF psychotherapy For the purposes of this article we primarily focus onthe ethical and legal issues associated with the current American Psychological Association(APA) Ethics Code for psychologists providing mHealth as an adjunct to psychotherapyHowever many of the considerations are applicable to therapists practicing in other locationsIt should be noted that the field of social work has developed guidelines for the use oftechnology (Association of Social Work Boards International Technology Task Force 2014)which address some similar issues This article is divided into two parts The first part isdedicated to the ethical considerations for using mHealth as an adjunct to psychotherapywhereas the second part is dedicated to recommendations for the ethical use of mHealth

ETHICAL CONSIDERATIONS

Evidence Base

Among the approximately 165000 mHealth apps (IMS Health 2015 Powell et al 2016) only asmall subset to date have received empirical support As appealing and engaging as these toolsare as of November 2012 there were only approximately 215 known empirical studies ofmHealth technologies (Labrique Vasudevan Chang amp Mehl 2013) This dearth of evidencefor mHealth including mHealth apps and text-based interventions led to the Bellagio Call toAction on Global eHealth Evaluation (Amoroso Flores Arango amp Bailey 2011) calling onresearchers to invest in examining the evidence base for mHealth

4 KARCHER AND PRESSER

According to the APArsquos Ethical Principles of Psychologists and Code of Conduct (20022010hereinafter referred to as the Ethics Code) psychologists should base their work on establishedprofessional knowledge of therapeutic interventions Accordingly the psychologist shouldsuggest interventions for which there is evidence that the intervention will be effective inhelping with the focal problem area or symptom However given the dearth of empiricalevidence especially for mHealth apps it can be difficult for psychologists to discern whichmHealth interventions have empirical support for their effectiveness This is especially importantfor psychologists who work in clinical scientist and scientist-practitioner programs as the use ofevidence-based practice is stressed

Of the apps that do have empirical evidence research tends to focus more on physical health asopposed to ameliorating psychological symptoms Many of these studies indicate that mHealth appscan be useful for medication compliance and improving attendance (Car Gurol-Urganci de JonghVodopivec-Jamsek amp Atun 2012 Guy et al 2012 Vervloet et al 2012) Other popular andempirically supported use of mHealth apps address improving health-related behaviors such asstopping smoking losing weight and managing stress (Donker et al 2013) There is substantiallyless empirical evidence for the efficacy of apps or texting as therapeutic interventions to decreasesymptoms of mental illness (eg Gustafson et al 2011) Some research does suggest that mHealthinterventions can be effective in treating symptoms of depression anxiety and managing psychoticsymptoms (Aguilera et al 2015 Ben-Zeev et al 2014 Birney et al 2016) At last count howeverthere were only 10 research articles examining the effectiveness of mood disorder psychotherapyapps (Torous amp Powell 2015) These studies ranged in methodological quality Of these 10 studiesseveral involved randomized controlled studies Two studies found that guided apps led to areduction in depressive symptoms (Burns et al 2011Watts et al 2013) or an increase in emotionalself-awareness (Kauer et al 2012 Reid et al 2011) Several other RCTs found that unguided appsled to reductions in anxiety symptoms (Grassi Gaggioli amp Riva 2011 Villani et al 2012 2013)Another study found that an app in conjunction with FTF therapy led to a decrease in substance useurges (Rizvi Dimeff Skutch Carroll amp Linehan 2011) However the majority of studies haveexamined the feasibility and acceptance of apps (ie as opposed to examining symptom reduction asa result of the use of the apps eg Hidalgo-Mazzei et al 2015 Miloff Marklund amp Carlbring2015) Generally it appears that the early effectiveness evidence suggests that mHealth interventionscan be useful in increasing client engagement with treatment protocols

There is more empirical evidence for texting interventions including a meta-analysis indicat-ing that there is substantial evidence that text messaging is effective in increasing psychotropicmedication compliance (Hall et al 2015) and other studies indicate texting can be effective inreducing certain symptoms of mental illness such as schizophrenia (Granholm Ben-Zeev LinkBradshaw amp Holden 2011) Thus although psychologists have begun to make strides in termsof conducting empirical research regarding mHealth it is clear that much more research needs tobe conducted so that psychologists can make ethical and empirically informed mHealthrecommendations

Privacy

Confidentiality and the protection of patient privacy are critical ethical issues that arise with theuse of mHealth According to the APA Ethics Code Standard 401 ldquoPsychologists have aprimary obligation and take reasonable precautions to protect confidential information obtained

ETHICAL AND LEGAL ISSUES IN MHEALTH 5

through or stored in any mediumrdquo (p 7) Thus it is the psychologistrsquos responsibility to protectclientsrsquo information however communicated or stored However because text messaging andmHealth apps are not secure mediums it is difficult to uphold Standard 401 with the use ofmHealth This is particularly true for texting as there are several ways that confidentiality maybe breached through this medium

Confidential information being obtained by third parties is the largest threat to patient privacywith the use of mHealth (APA 2013) mHealth data can be obtained in a number of waysincluding through malware software (ie Trojan viruses spyware) and phishing messages(Department of Health Services 2012) Moreover threats to data security (ie new viruses)are constantly arising and evolving making it difficult to comprehensively protect mHealth dataPsychologists also face potential breeches in confidentiality if the psychotherapistrsquos or theclientrsquos mobile devices (eg smartphones tablets laptops smartwatches) are lost or stolen Itis also possible that parents or a significant other could install an app such as TextGuard on aclientrsquos phone that allows the third party to monitor all text messages received by the clientFurthermore there is no practical way to verify the clientrsquos identify when engaging in theseinterventions except when using a video-calling application such as FaceTime Psychologistsshould be aware that mobile devices can be hacked into and this risk increases when usingunsecured WiFi networks In addition psychologists should carefully dispose of mobile phonesas disposed phones can be mined for data Furthermore information that is not securely stored ortransmitted is vulnerable to the privacy and security issues previously mentioned (eg malwaretheft) Psychotherapists also need to have a policy in place regarding when text messagescontaining electronic protected health information (ePHI) should be deleted (Greene 2012)

To engage psychologists in measures to prevent breaches in privacy and security severalprofessional organizations have created new guidelines regarding telehealth (AmericanCounseling Association 2014 Canadian Psychological Association [CPA] 2006) These guide-lines include stipulations such as that text messages are not secure forms of communication andthat psychologists should inform clients of the possibility that information can be intercepted bythird parties The APA Ethics Code currently does not have a section specific to mHealth but itdoes mention that psychologists have an obligation to protect information obtained in anymedium so psychologists still must follow Standard 401 (Maintaining Confidentiality) whenengaging in mHealth Psychologists are also expected to discuss the relevant limits of con-fidentiality (Standard 402c)

Psychologists should also be mindful particularly with the use of texting of what informa-tion is disclosed in these unsecure mediums even to other providers According to APAStandard 404 psychologists should include in consultations ldquoonly information germane to thepurpose for which the communication is maderdquo (p 7) and should disclose confidential informa-tion only for professional purposes With the ease of use of text messaging it may be temptingfor psychologists to consult with other professionals about confidential matters over textmessages However psychologists should be mindful that this is not a secure medium and todiscuss information only pertinent to the consultation and only for professional purposes As anillustration when consulting about psychotic symptoms the psychologist should include onlythe information germane to the consultation (eg the nature of these symptoms) and avoiddisclosing information that is not pertinent to the consultation especially PHI such as nameoccupation or location An additional privacy and security concern is that wireless carriers haveaccess to userrsquos information Specifically most wireless carriers have access to app usage

6 KARCHER AND PRESSER

(Pepitone 2013) In addition the National Security Service can potentially have access to onersquos cellphone information including text messages (Taylor 2015) unless the mHealth intervention occursusing an end-to-end encryption app (which the government currently cannot access Burgess 2016)However psychologists should still ensure that they are engaging in other security safeguards as it ispossible for a third party to read encrypted messages (ie if someone reads the recipients decryptedmessages on either end or if a third party executes a ldquoman-in-the-middlerdquo attack in which the thirdparty inserts itself between the communications of a client and a server Greenberg 2014)

Furthermore the possibility of having breaches to privacy and security increases as informa-tion is included on multiple devices (eg including text messages on both iPhones and iPads)Psychologists must be mindful of what confidential information is stored on what devices andtry to minimize both the amount of information and the number of devices that have confidentialinformation Psychologists should be aware of the unique concerns associated with each deviceprior to using a device as an adjunct to psychotherapy For example the use of tablets or laptopshas increased privacy concerns as a result of presenting confidential information on a largerscreen In addition using a smartwatch may have increased privacy concerns as clientrsquos ortherapistrsquos messages may be visible on the screen Likewise video calling clients poses uniqueprivacy concerns as it is possible that information disclosed over this medium may be overheador seen by unintended third parties (ie colleagues family members etc)

Informed Consent

According to the APA Ethics Code Standard 310 when psychologists provide therapy ldquoinperson or via electronic transmission or other forms of communication they obtain the informedconsent of the individual or individualsrdquo (p 6) and this consent should be documented Inaddition for mHealth apps that involve administering assessments Standard 903a states thatpsychologists obtain informed consent for assessments However use of mHealth involvesseveral distinct challenges when obtaining and documenting informed consent Clients mustbe informed about the possibility of breaches of privacy and security whether the app or textingprocedure is experimental in nature and the potential for miscommunication in text-basedcommunication (Childress 2000) Furthermore the CPArsquos Ethical Guidelines for PsychologistsProviding Psychological Service via Electronic Media (2006) states that psychologists shouldinclude in the informed consent the risk of a technological failure during electronic commu-nications Psychologists should therefore include in the informed consent both the risk oftechnological failure and a safety plan such as giving emergency numbers in the event of atechnological failure such as loss of service Some psychologists have begun to developinformed consent templates for mHealth policies for clients (Kolmes 2010) Furthermore it isimportant that psychotherapists inform clients that mHealth texting and apps are not securemediums and that information stored on mobile devices could be obtained by third parties Thepsychologist should also explain that a breach of confidentiality could occur if the clientrsquos deviceis lost or stolen and must ensure that the client understands these potential risks prior to use ofmHealth interventions A benefit of developing a written mHealth policy for use with clients isthat it will delineate the possible concerns with privacy and security For example one existingpolicy explicitly states that clients should not use text messaging as a means of contact as thisform of communication can compromise confidentiality (Kolmes 2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 7

It is also important to create an informed consent process that is flexible for mHealth apps Asan example it is possible that a client may consent to track his or her mood but does not consent tohaving his or her voice recorded in an mHealth app such as with the Xpression app (ie an appthat uses voice recordings to determine the userrsquos emotional state) Thus psychologists must createan informed consent process that is flexible enough to allow the client to decline consent for thecollection of certain types of data such as voice or video recordings In addition psychologistsmust be explicit in the informed consent document as to how the data from the app will be usedhow the data will be stored any security and privacy issues and how long this information will bekept Finally as part of the consent process psychologists must inform participants aboutcircumstances in which they might be obliged to disclose personal information For instance forapps or texting interventions in which risk for harm to self or others is in any way assessed (egdialectical behavioral therapy apps) clients must be informed that this information may no longerbe confidential if the individual is judged by the psychotherapist to be a risk of harm to him- orherself or to others It should be noted that in addition to documenting the risks to security andprivacy in the consent form psychologists also have a responsibility to actively engage in effectivepractices for reducing risks to confidentiality (see Recommendations section)

Competence

Another important ethical dilemma that frequently arises is the issue of psychotherapist compe-tence According to APA Ethics Code Standard 201a psychologists provide services and teachonly in areas within the boundaries of their competence ldquobased on their education trainingsupervised experience consultation study or professional experiencerdquo (p 4) Competence inmHealth involves two distinct skills areas (a) competence with the particular mHealth inter-ventions and (b) technical skills (eg texting aptitude encryption use of electronic devices) Interms of competence with mHealth interventions mHealth poses a unique dilemma for psy-chotherapists as skills in FTF interactions do not automatically transfer into the digital environ-ment these are considered distinct skill areas (Rees amp Stone 2005) In addition there isevidence that the therapeutic alliance with the client as opposed to therapeutic technique isthe most important factor in therapeutic change (Erskine 1998) Psychologists must thereforemake sure that they are competently able to maintain a strong therapeutic alliance during use ofmHealth interventions Psychologists must also be competent enough in mHealth to knowledg-ably recommend appropriate interventions to clients According to Standard 201c psychologistsplanning to provide services involving areas or technologies that are new to the psychologistshould receive education and training in these areas The Association of Canadian PsychologyRegulatory Organizations (2011) guidelines also has stipulations that psychologists should becompetent prior to engaging in mHealth and should not address a problem using electronicmedia unless the psychologist is competent to do so in person Thus psychologists must ensurethat they have the relevant education training and skill to competently implement mHealthinterventions

Psychologists should also have an understanding of what diversity factors may impede orfacilitate the use of particular mHealth services (Standard 201b) Age is of particular importancefor the implementation of mHealth services as digital natives or younger individuals who grewup with digital devices and the Internet (Prensky 2001) may be more likely to comply with andenjoy mental health services that involve mHealth Conversely for digital immigrants or

8 KARCHER AND PRESSER

individuals born before the widespread implementation of digital devices and the Internet(Prensky 2001) difficulty with implementation of these services may impede progress inpsychotherapy This is just one example of how demographic factors may influence a psy-chotherapistrsquos decision to engage in mHealth Furthermore when determining whether toadminister an mHealth intervention make sure to consider the ldquodigital dividerdquo which refers tothe economic and social inequality with regards to access to and availability of technology(Warschauer 2004) Psychologists must engage in training consultation or supervision toensure that they are knowledgeable of how such individual demographic factors may affectthe use of mHealth and thereby to integrate mHealth appropriately and ethically

The second area concerning competency is whether psychologists have the technical skillsnecessary to effectively and ethically conduct mHealth interventions For instance therapistswho are not familiar with texting or the use of apps may struggle to competently and ethicallyengage with clients in the digital environment Barnett (2005) suggested that psychologists mustbe proficient in typing skills and be familiar with the technology (in this case the technology ofapps or texting) Knowledge of encryption or other means of secure communication is alsoimportant Psychotherapists who actively provide telepsychotherapy may already have devel-oped some of these skills as some of the requisite skills and competencies required for engagingin telepsychotherapy are similar to the use of mHealth

Finally psychologists must adhere to Standard 203 which states that competency trainingand education should be ongoing in order to maintain competence Thus it is not adequate tojust receive training and education in mHealth interventions Rather psychologists must receiveongoing up-to-date education and training in mHealth interventions and technologies especiallybecause mHealth is constantly evolving and new technologies are emerging

Boundaries

Due to the immediacy of contact the out-of-office setting and potential after-hours timingtexting has the potential to result in clients feeling closer to the therapist than what clients feelnaturally during FTF psychotherapy This raises the potential that the clientrsquos perception of thetherapeutic relationship could devolve into a less professional relationship with the bound-aries blurring between that and a friendship Given the ease and accessibility of texting clientsmay be inclined to text the psychotherapist regarding daily routine events whereas the clientwould not call an office phone to communicate about such events Furthermore given theavailability of the therapist in the clientrsquos regular life outside of psychotherapy and anawareness of the therapistrsquos phone number some clients may send messages outside officehours such as during the evening or at night or may continue to send text messages aftertermination of the therapeutic relationship as they now have the therapistrsquos phone numberTherefore psychologists need to consider their response to any irregular or postterminationcontact These permeable boundaries of the therapeutic structure also raise the possibility ofviolating Standard 305 which states that psychologists should refrain from multiple relation-ships if the relationship could impair the psychologistrsquos effectiveness or could cause harm tothe client In general therefore psychologists must be particularly attentive to management ofblurry boundaries and the potential for multiple relationships when engaging in mHealthinterventions especially texting

ETHICAL AND LEGAL ISSUES IN MHEALTH 9

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 5: Ethical and Legal Issues Addressing the Use of Mobile

According to the APArsquos Ethical Principles of Psychologists and Code of Conduct (20022010hereinafter referred to as the Ethics Code) psychologists should base their work on establishedprofessional knowledge of therapeutic interventions Accordingly the psychologist shouldsuggest interventions for which there is evidence that the intervention will be effective inhelping with the focal problem area or symptom However given the dearth of empiricalevidence especially for mHealth apps it can be difficult for psychologists to discern whichmHealth interventions have empirical support for their effectiveness This is especially importantfor psychologists who work in clinical scientist and scientist-practitioner programs as the use ofevidence-based practice is stressed

Of the apps that do have empirical evidence research tends to focus more on physical health asopposed to ameliorating psychological symptoms Many of these studies indicate that mHealth appscan be useful for medication compliance and improving attendance (Car Gurol-Urganci de JonghVodopivec-Jamsek amp Atun 2012 Guy et al 2012 Vervloet et al 2012) Other popular andempirically supported use of mHealth apps address improving health-related behaviors such asstopping smoking losing weight and managing stress (Donker et al 2013) There is substantiallyless empirical evidence for the efficacy of apps or texting as therapeutic interventions to decreasesymptoms of mental illness (eg Gustafson et al 2011) Some research does suggest that mHealthinterventions can be effective in treating symptoms of depression anxiety and managing psychoticsymptoms (Aguilera et al 2015 Ben-Zeev et al 2014 Birney et al 2016) At last count howeverthere were only 10 research articles examining the effectiveness of mood disorder psychotherapyapps (Torous amp Powell 2015) These studies ranged in methodological quality Of these 10 studiesseveral involved randomized controlled studies Two studies found that guided apps led to areduction in depressive symptoms (Burns et al 2011Watts et al 2013) or an increase in emotionalself-awareness (Kauer et al 2012 Reid et al 2011) Several other RCTs found that unguided appsled to reductions in anxiety symptoms (Grassi Gaggioli amp Riva 2011 Villani et al 2012 2013)Another study found that an app in conjunction with FTF therapy led to a decrease in substance useurges (Rizvi Dimeff Skutch Carroll amp Linehan 2011) However the majority of studies haveexamined the feasibility and acceptance of apps (ie as opposed to examining symptom reduction asa result of the use of the apps eg Hidalgo-Mazzei et al 2015 Miloff Marklund amp Carlbring2015) Generally it appears that the early effectiveness evidence suggests that mHealth interventionscan be useful in increasing client engagement with treatment protocols

There is more empirical evidence for texting interventions including a meta-analysis indicat-ing that there is substantial evidence that text messaging is effective in increasing psychotropicmedication compliance (Hall et al 2015) and other studies indicate texting can be effective inreducing certain symptoms of mental illness such as schizophrenia (Granholm Ben-Zeev LinkBradshaw amp Holden 2011) Thus although psychologists have begun to make strides in termsof conducting empirical research regarding mHealth it is clear that much more research needs tobe conducted so that psychologists can make ethical and empirically informed mHealthrecommendations

Privacy

Confidentiality and the protection of patient privacy are critical ethical issues that arise with theuse of mHealth According to the APA Ethics Code Standard 401 ldquoPsychologists have aprimary obligation and take reasonable precautions to protect confidential information obtained

ETHICAL AND LEGAL ISSUES IN MHEALTH 5

through or stored in any mediumrdquo (p 7) Thus it is the psychologistrsquos responsibility to protectclientsrsquo information however communicated or stored However because text messaging andmHealth apps are not secure mediums it is difficult to uphold Standard 401 with the use ofmHealth This is particularly true for texting as there are several ways that confidentiality maybe breached through this medium

Confidential information being obtained by third parties is the largest threat to patient privacywith the use of mHealth (APA 2013) mHealth data can be obtained in a number of waysincluding through malware software (ie Trojan viruses spyware) and phishing messages(Department of Health Services 2012) Moreover threats to data security (ie new viruses)are constantly arising and evolving making it difficult to comprehensively protect mHealth dataPsychologists also face potential breeches in confidentiality if the psychotherapistrsquos or theclientrsquos mobile devices (eg smartphones tablets laptops smartwatches) are lost or stolen Itis also possible that parents or a significant other could install an app such as TextGuard on aclientrsquos phone that allows the third party to monitor all text messages received by the clientFurthermore there is no practical way to verify the clientrsquos identify when engaging in theseinterventions except when using a video-calling application such as FaceTime Psychologistsshould be aware that mobile devices can be hacked into and this risk increases when usingunsecured WiFi networks In addition psychologists should carefully dispose of mobile phonesas disposed phones can be mined for data Furthermore information that is not securely stored ortransmitted is vulnerable to the privacy and security issues previously mentioned (eg malwaretheft) Psychotherapists also need to have a policy in place regarding when text messagescontaining electronic protected health information (ePHI) should be deleted (Greene 2012)

To engage psychologists in measures to prevent breaches in privacy and security severalprofessional organizations have created new guidelines regarding telehealth (AmericanCounseling Association 2014 Canadian Psychological Association [CPA] 2006) These guide-lines include stipulations such as that text messages are not secure forms of communication andthat psychologists should inform clients of the possibility that information can be intercepted bythird parties The APA Ethics Code currently does not have a section specific to mHealth but itdoes mention that psychologists have an obligation to protect information obtained in anymedium so psychologists still must follow Standard 401 (Maintaining Confidentiality) whenengaging in mHealth Psychologists are also expected to discuss the relevant limits of con-fidentiality (Standard 402c)

Psychologists should also be mindful particularly with the use of texting of what informa-tion is disclosed in these unsecure mediums even to other providers According to APAStandard 404 psychologists should include in consultations ldquoonly information germane to thepurpose for which the communication is maderdquo (p 7) and should disclose confidential informa-tion only for professional purposes With the ease of use of text messaging it may be temptingfor psychologists to consult with other professionals about confidential matters over textmessages However psychologists should be mindful that this is not a secure medium and todiscuss information only pertinent to the consultation and only for professional purposes As anillustration when consulting about psychotic symptoms the psychologist should include onlythe information germane to the consultation (eg the nature of these symptoms) and avoiddisclosing information that is not pertinent to the consultation especially PHI such as nameoccupation or location An additional privacy and security concern is that wireless carriers haveaccess to userrsquos information Specifically most wireless carriers have access to app usage

6 KARCHER AND PRESSER

(Pepitone 2013) In addition the National Security Service can potentially have access to onersquos cellphone information including text messages (Taylor 2015) unless the mHealth intervention occursusing an end-to-end encryption app (which the government currently cannot access Burgess 2016)However psychologists should still ensure that they are engaging in other security safeguards as it ispossible for a third party to read encrypted messages (ie if someone reads the recipients decryptedmessages on either end or if a third party executes a ldquoman-in-the-middlerdquo attack in which the thirdparty inserts itself between the communications of a client and a server Greenberg 2014)

Furthermore the possibility of having breaches to privacy and security increases as informa-tion is included on multiple devices (eg including text messages on both iPhones and iPads)Psychologists must be mindful of what confidential information is stored on what devices andtry to minimize both the amount of information and the number of devices that have confidentialinformation Psychologists should be aware of the unique concerns associated with each deviceprior to using a device as an adjunct to psychotherapy For example the use of tablets or laptopshas increased privacy concerns as a result of presenting confidential information on a largerscreen In addition using a smartwatch may have increased privacy concerns as clientrsquos ortherapistrsquos messages may be visible on the screen Likewise video calling clients poses uniqueprivacy concerns as it is possible that information disclosed over this medium may be overheador seen by unintended third parties (ie colleagues family members etc)

Informed Consent

According to the APA Ethics Code Standard 310 when psychologists provide therapy ldquoinperson or via electronic transmission or other forms of communication they obtain the informedconsent of the individual or individualsrdquo (p 6) and this consent should be documented Inaddition for mHealth apps that involve administering assessments Standard 903a states thatpsychologists obtain informed consent for assessments However use of mHealth involvesseveral distinct challenges when obtaining and documenting informed consent Clients mustbe informed about the possibility of breaches of privacy and security whether the app or textingprocedure is experimental in nature and the potential for miscommunication in text-basedcommunication (Childress 2000) Furthermore the CPArsquos Ethical Guidelines for PsychologistsProviding Psychological Service via Electronic Media (2006) states that psychologists shouldinclude in the informed consent the risk of a technological failure during electronic commu-nications Psychologists should therefore include in the informed consent both the risk oftechnological failure and a safety plan such as giving emergency numbers in the event of atechnological failure such as loss of service Some psychologists have begun to developinformed consent templates for mHealth policies for clients (Kolmes 2010) Furthermore it isimportant that psychotherapists inform clients that mHealth texting and apps are not securemediums and that information stored on mobile devices could be obtained by third parties Thepsychologist should also explain that a breach of confidentiality could occur if the clientrsquos deviceis lost or stolen and must ensure that the client understands these potential risks prior to use ofmHealth interventions A benefit of developing a written mHealth policy for use with clients isthat it will delineate the possible concerns with privacy and security For example one existingpolicy explicitly states that clients should not use text messaging as a means of contact as thisform of communication can compromise confidentiality (Kolmes 2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 7

It is also important to create an informed consent process that is flexible for mHealth apps Asan example it is possible that a client may consent to track his or her mood but does not consent tohaving his or her voice recorded in an mHealth app such as with the Xpression app (ie an appthat uses voice recordings to determine the userrsquos emotional state) Thus psychologists must createan informed consent process that is flexible enough to allow the client to decline consent for thecollection of certain types of data such as voice or video recordings In addition psychologistsmust be explicit in the informed consent document as to how the data from the app will be usedhow the data will be stored any security and privacy issues and how long this information will bekept Finally as part of the consent process psychologists must inform participants aboutcircumstances in which they might be obliged to disclose personal information For instance forapps or texting interventions in which risk for harm to self or others is in any way assessed (egdialectical behavioral therapy apps) clients must be informed that this information may no longerbe confidential if the individual is judged by the psychotherapist to be a risk of harm to him- orherself or to others It should be noted that in addition to documenting the risks to security andprivacy in the consent form psychologists also have a responsibility to actively engage in effectivepractices for reducing risks to confidentiality (see Recommendations section)

Competence

Another important ethical dilemma that frequently arises is the issue of psychotherapist compe-tence According to APA Ethics Code Standard 201a psychologists provide services and teachonly in areas within the boundaries of their competence ldquobased on their education trainingsupervised experience consultation study or professional experiencerdquo (p 4) Competence inmHealth involves two distinct skills areas (a) competence with the particular mHealth inter-ventions and (b) technical skills (eg texting aptitude encryption use of electronic devices) Interms of competence with mHealth interventions mHealth poses a unique dilemma for psy-chotherapists as skills in FTF interactions do not automatically transfer into the digital environ-ment these are considered distinct skill areas (Rees amp Stone 2005) In addition there isevidence that the therapeutic alliance with the client as opposed to therapeutic technique isthe most important factor in therapeutic change (Erskine 1998) Psychologists must thereforemake sure that they are competently able to maintain a strong therapeutic alliance during use ofmHealth interventions Psychologists must also be competent enough in mHealth to knowledg-ably recommend appropriate interventions to clients According to Standard 201c psychologistsplanning to provide services involving areas or technologies that are new to the psychologistshould receive education and training in these areas The Association of Canadian PsychologyRegulatory Organizations (2011) guidelines also has stipulations that psychologists should becompetent prior to engaging in mHealth and should not address a problem using electronicmedia unless the psychologist is competent to do so in person Thus psychologists must ensurethat they have the relevant education training and skill to competently implement mHealthinterventions

Psychologists should also have an understanding of what diversity factors may impede orfacilitate the use of particular mHealth services (Standard 201b) Age is of particular importancefor the implementation of mHealth services as digital natives or younger individuals who grewup with digital devices and the Internet (Prensky 2001) may be more likely to comply with andenjoy mental health services that involve mHealth Conversely for digital immigrants or

8 KARCHER AND PRESSER

individuals born before the widespread implementation of digital devices and the Internet(Prensky 2001) difficulty with implementation of these services may impede progress inpsychotherapy This is just one example of how demographic factors may influence a psy-chotherapistrsquos decision to engage in mHealth Furthermore when determining whether toadminister an mHealth intervention make sure to consider the ldquodigital dividerdquo which refers tothe economic and social inequality with regards to access to and availability of technology(Warschauer 2004) Psychologists must engage in training consultation or supervision toensure that they are knowledgeable of how such individual demographic factors may affectthe use of mHealth and thereby to integrate mHealth appropriately and ethically

The second area concerning competency is whether psychologists have the technical skillsnecessary to effectively and ethically conduct mHealth interventions For instance therapistswho are not familiar with texting or the use of apps may struggle to competently and ethicallyengage with clients in the digital environment Barnett (2005) suggested that psychologists mustbe proficient in typing skills and be familiar with the technology (in this case the technology ofapps or texting) Knowledge of encryption or other means of secure communication is alsoimportant Psychotherapists who actively provide telepsychotherapy may already have devel-oped some of these skills as some of the requisite skills and competencies required for engagingin telepsychotherapy are similar to the use of mHealth

Finally psychologists must adhere to Standard 203 which states that competency trainingand education should be ongoing in order to maintain competence Thus it is not adequate tojust receive training and education in mHealth interventions Rather psychologists must receiveongoing up-to-date education and training in mHealth interventions and technologies especiallybecause mHealth is constantly evolving and new technologies are emerging

Boundaries

Due to the immediacy of contact the out-of-office setting and potential after-hours timingtexting has the potential to result in clients feeling closer to the therapist than what clients feelnaturally during FTF psychotherapy This raises the potential that the clientrsquos perception of thetherapeutic relationship could devolve into a less professional relationship with the bound-aries blurring between that and a friendship Given the ease and accessibility of texting clientsmay be inclined to text the psychotherapist regarding daily routine events whereas the clientwould not call an office phone to communicate about such events Furthermore given theavailability of the therapist in the clientrsquos regular life outside of psychotherapy and anawareness of the therapistrsquos phone number some clients may send messages outside officehours such as during the evening or at night or may continue to send text messages aftertermination of the therapeutic relationship as they now have the therapistrsquos phone numberTherefore psychologists need to consider their response to any irregular or postterminationcontact These permeable boundaries of the therapeutic structure also raise the possibility ofviolating Standard 305 which states that psychologists should refrain from multiple relation-ships if the relationship could impair the psychologistrsquos effectiveness or could cause harm tothe client In general therefore psychologists must be particularly attentive to management ofblurry boundaries and the potential for multiple relationships when engaging in mHealthinterventions especially texting

ETHICAL AND LEGAL ISSUES IN MHEALTH 9

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 6: Ethical and Legal Issues Addressing the Use of Mobile

through or stored in any mediumrdquo (p 7) Thus it is the psychologistrsquos responsibility to protectclientsrsquo information however communicated or stored However because text messaging andmHealth apps are not secure mediums it is difficult to uphold Standard 401 with the use ofmHealth This is particularly true for texting as there are several ways that confidentiality maybe breached through this medium

Confidential information being obtained by third parties is the largest threat to patient privacywith the use of mHealth (APA 2013) mHealth data can be obtained in a number of waysincluding through malware software (ie Trojan viruses spyware) and phishing messages(Department of Health Services 2012) Moreover threats to data security (ie new viruses)are constantly arising and evolving making it difficult to comprehensively protect mHealth dataPsychologists also face potential breeches in confidentiality if the psychotherapistrsquos or theclientrsquos mobile devices (eg smartphones tablets laptops smartwatches) are lost or stolen Itis also possible that parents or a significant other could install an app such as TextGuard on aclientrsquos phone that allows the third party to monitor all text messages received by the clientFurthermore there is no practical way to verify the clientrsquos identify when engaging in theseinterventions except when using a video-calling application such as FaceTime Psychologistsshould be aware that mobile devices can be hacked into and this risk increases when usingunsecured WiFi networks In addition psychologists should carefully dispose of mobile phonesas disposed phones can be mined for data Furthermore information that is not securely stored ortransmitted is vulnerable to the privacy and security issues previously mentioned (eg malwaretheft) Psychotherapists also need to have a policy in place regarding when text messagescontaining electronic protected health information (ePHI) should be deleted (Greene 2012)

To engage psychologists in measures to prevent breaches in privacy and security severalprofessional organizations have created new guidelines regarding telehealth (AmericanCounseling Association 2014 Canadian Psychological Association [CPA] 2006) These guide-lines include stipulations such as that text messages are not secure forms of communication andthat psychologists should inform clients of the possibility that information can be intercepted bythird parties The APA Ethics Code currently does not have a section specific to mHealth but itdoes mention that psychologists have an obligation to protect information obtained in anymedium so psychologists still must follow Standard 401 (Maintaining Confidentiality) whenengaging in mHealth Psychologists are also expected to discuss the relevant limits of con-fidentiality (Standard 402c)

Psychologists should also be mindful particularly with the use of texting of what informa-tion is disclosed in these unsecure mediums even to other providers According to APAStandard 404 psychologists should include in consultations ldquoonly information germane to thepurpose for which the communication is maderdquo (p 7) and should disclose confidential informa-tion only for professional purposes With the ease of use of text messaging it may be temptingfor psychologists to consult with other professionals about confidential matters over textmessages However psychologists should be mindful that this is not a secure medium and todiscuss information only pertinent to the consultation and only for professional purposes As anillustration when consulting about psychotic symptoms the psychologist should include onlythe information germane to the consultation (eg the nature of these symptoms) and avoiddisclosing information that is not pertinent to the consultation especially PHI such as nameoccupation or location An additional privacy and security concern is that wireless carriers haveaccess to userrsquos information Specifically most wireless carriers have access to app usage

6 KARCHER AND PRESSER

(Pepitone 2013) In addition the National Security Service can potentially have access to onersquos cellphone information including text messages (Taylor 2015) unless the mHealth intervention occursusing an end-to-end encryption app (which the government currently cannot access Burgess 2016)However psychologists should still ensure that they are engaging in other security safeguards as it ispossible for a third party to read encrypted messages (ie if someone reads the recipients decryptedmessages on either end or if a third party executes a ldquoman-in-the-middlerdquo attack in which the thirdparty inserts itself between the communications of a client and a server Greenberg 2014)

Furthermore the possibility of having breaches to privacy and security increases as informa-tion is included on multiple devices (eg including text messages on both iPhones and iPads)Psychologists must be mindful of what confidential information is stored on what devices andtry to minimize both the amount of information and the number of devices that have confidentialinformation Psychologists should be aware of the unique concerns associated with each deviceprior to using a device as an adjunct to psychotherapy For example the use of tablets or laptopshas increased privacy concerns as a result of presenting confidential information on a largerscreen In addition using a smartwatch may have increased privacy concerns as clientrsquos ortherapistrsquos messages may be visible on the screen Likewise video calling clients poses uniqueprivacy concerns as it is possible that information disclosed over this medium may be overheador seen by unintended third parties (ie colleagues family members etc)

Informed Consent

According to the APA Ethics Code Standard 310 when psychologists provide therapy ldquoinperson or via electronic transmission or other forms of communication they obtain the informedconsent of the individual or individualsrdquo (p 6) and this consent should be documented Inaddition for mHealth apps that involve administering assessments Standard 903a states thatpsychologists obtain informed consent for assessments However use of mHealth involvesseveral distinct challenges when obtaining and documenting informed consent Clients mustbe informed about the possibility of breaches of privacy and security whether the app or textingprocedure is experimental in nature and the potential for miscommunication in text-basedcommunication (Childress 2000) Furthermore the CPArsquos Ethical Guidelines for PsychologistsProviding Psychological Service via Electronic Media (2006) states that psychologists shouldinclude in the informed consent the risk of a technological failure during electronic commu-nications Psychologists should therefore include in the informed consent both the risk oftechnological failure and a safety plan such as giving emergency numbers in the event of atechnological failure such as loss of service Some psychologists have begun to developinformed consent templates for mHealth policies for clients (Kolmes 2010) Furthermore it isimportant that psychotherapists inform clients that mHealth texting and apps are not securemediums and that information stored on mobile devices could be obtained by third parties Thepsychologist should also explain that a breach of confidentiality could occur if the clientrsquos deviceis lost or stolen and must ensure that the client understands these potential risks prior to use ofmHealth interventions A benefit of developing a written mHealth policy for use with clients isthat it will delineate the possible concerns with privacy and security For example one existingpolicy explicitly states that clients should not use text messaging as a means of contact as thisform of communication can compromise confidentiality (Kolmes 2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 7

It is also important to create an informed consent process that is flexible for mHealth apps Asan example it is possible that a client may consent to track his or her mood but does not consent tohaving his or her voice recorded in an mHealth app such as with the Xpression app (ie an appthat uses voice recordings to determine the userrsquos emotional state) Thus psychologists must createan informed consent process that is flexible enough to allow the client to decline consent for thecollection of certain types of data such as voice or video recordings In addition psychologistsmust be explicit in the informed consent document as to how the data from the app will be usedhow the data will be stored any security and privacy issues and how long this information will bekept Finally as part of the consent process psychologists must inform participants aboutcircumstances in which they might be obliged to disclose personal information For instance forapps or texting interventions in which risk for harm to self or others is in any way assessed (egdialectical behavioral therapy apps) clients must be informed that this information may no longerbe confidential if the individual is judged by the psychotherapist to be a risk of harm to him- orherself or to others It should be noted that in addition to documenting the risks to security andprivacy in the consent form psychologists also have a responsibility to actively engage in effectivepractices for reducing risks to confidentiality (see Recommendations section)

Competence

Another important ethical dilemma that frequently arises is the issue of psychotherapist compe-tence According to APA Ethics Code Standard 201a psychologists provide services and teachonly in areas within the boundaries of their competence ldquobased on their education trainingsupervised experience consultation study or professional experiencerdquo (p 4) Competence inmHealth involves two distinct skills areas (a) competence with the particular mHealth inter-ventions and (b) technical skills (eg texting aptitude encryption use of electronic devices) Interms of competence with mHealth interventions mHealth poses a unique dilemma for psy-chotherapists as skills in FTF interactions do not automatically transfer into the digital environ-ment these are considered distinct skill areas (Rees amp Stone 2005) In addition there isevidence that the therapeutic alliance with the client as opposed to therapeutic technique isthe most important factor in therapeutic change (Erskine 1998) Psychologists must thereforemake sure that they are competently able to maintain a strong therapeutic alliance during use ofmHealth interventions Psychologists must also be competent enough in mHealth to knowledg-ably recommend appropriate interventions to clients According to Standard 201c psychologistsplanning to provide services involving areas or technologies that are new to the psychologistshould receive education and training in these areas The Association of Canadian PsychologyRegulatory Organizations (2011) guidelines also has stipulations that psychologists should becompetent prior to engaging in mHealth and should not address a problem using electronicmedia unless the psychologist is competent to do so in person Thus psychologists must ensurethat they have the relevant education training and skill to competently implement mHealthinterventions

Psychologists should also have an understanding of what diversity factors may impede orfacilitate the use of particular mHealth services (Standard 201b) Age is of particular importancefor the implementation of mHealth services as digital natives or younger individuals who grewup with digital devices and the Internet (Prensky 2001) may be more likely to comply with andenjoy mental health services that involve mHealth Conversely for digital immigrants or

8 KARCHER AND PRESSER

individuals born before the widespread implementation of digital devices and the Internet(Prensky 2001) difficulty with implementation of these services may impede progress inpsychotherapy This is just one example of how demographic factors may influence a psy-chotherapistrsquos decision to engage in mHealth Furthermore when determining whether toadminister an mHealth intervention make sure to consider the ldquodigital dividerdquo which refers tothe economic and social inequality with regards to access to and availability of technology(Warschauer 2004) Psychologists must engage in training consultation or supervision toensure that they are knowledgeable of how such individual demographic factors may affectthe use of mHealth and thereby to integrate mHealth appropriately and ethically

The second area concerning competency is whether psychologists have the technical skillsnecessary to effectively and ethically conduct mHealth interventions For instance therapistswho are not familiar with texting or the use of apps may struggle to competently and ethicallyengage with clients in the digital environment Barnett (2005) suggested that psychologists mustbe proficient in typing skills and be familiar with the technology (in this case the technology ofapps or texting) Knowledge of encryption or other means of secure communication is alsoimportant Psychotherapists who actively provide telepsychotherapy may already have devel-oped some of these skills as some of the requisite skills and competencies required for engagingin telepsychotherapy are similar to the use of mHealth

Finally psychologists must adhere to Standard 203 which states that competency trainingand education should be ongoing in order to maintain competence Thus it is not adequate tojust receive training and education in mHealth interventions Rather psychologists must receiveongoing up-to-date education and training in mHealth interventions and technologies especiallybecause mHealth is constantly evolving and new technologies are emerging

Boundaries

Due to the immediacy of contact the out-of-office setting and potential after-hours timingtexting has the potential to result in clients feeling closer to the therapist than what clients feelnaturally during FTF psychotherapy This raises the potential that the clientrsquos perception of thetherapeutic relationship could devolve into a less professional relationship with the bound-aries blurring between that and a friendship Given the ease and accessibility of texting clientsmay be inclined to text the psychotherapist regarding daily routine events whereas the clientwould not call an office phone to communicate about such events Furthermore given theavailability of the therapist in the clientrsquos regular life outside of psychotherapy and anawareness of the therapistrsquos phone number some clients may send messages outside officehours such as during the evening or at night or may continue to send text messages aftertermination of the therapeutic relationship as they now have the therapistrsquos phone numberTherefore psychologists need to consider their response to any irregular or postterminationcontact These permeable boundaries of the therapeutic structure also raise the possibility ofviolating Standard 305 which states that psychologists should refrain from multiple relation-ships if the relationship could impair the psychologistrsquos effectiveness or could cause harm tothe client In general therefore psychologists must be particularly attentive to management ofblurry boundaries and the potential for multiple relationships when engaging in mHealthinterventions especially texting

ETHICAL AND LEGAL ISSUES IN MHEALTH 9

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 7: Ethical and Legal Issues Addressing the Use of Mobile

(Pepitone 2013) In addition the National Security Service can potentially have access to onersquos cellphone information including text messages (Taylor 2015) unless the mHealth intervention occursusing an end-to-end encryption app (which the government currently cannot access Burgess 2016)However psychologists should still ensure that they are engaging in other security safeguards as it ispossible for a third party to read encrypted messages (ie if someone reads the recipients decryptedmessages on either end or if a third party executes a ldquoman-in-the-middlerdquo attack in which the thirdparty inserts itself between the communications of a client and a server Greenberg 2014)

Furthermore the possibility of having breaches to privacy and security increases as informa-tion is included on multiple devices (eg including text messages on both iPhones and iPads)Psychologists must be mindful of what confidential information is stored on what devices andtry to minimize both the amount of information and the number of devices that have confidentialinformation Psychologists should be aware of the unique concerns associated with each deviceprior to using a device as an adjunct to psychotherapy For example the use of tablets or laptopshas increased privacy concerns as a result of presenting confidential information on a largerscreen In addition using a smartwatch may have increased privacy concerns as clientrsquos ortherapistrsquos messages may be visible on the screen Likewise video calling clients poses uniqueprivacy concerns as it is possible that information disclosed over this medium may be overheador seen by unintended third parties (ie colleagues family members etc)

Informed Consent

According to the APA Ethics Code Standard 310 when psychologists provide therapy ldquoinperson or via electronic transmission or other forms of communication they obtain the informedconsent of the individual or individualsrdquo (p 6) and this consent should be documented Inaddition for mHealth apps that involve administering assessments Standard 903a states thatpsychologists obtain informed consent for assessments However use of mHealth involvesseveral distinct challenges when obtaining and documenting informed consent Clients mustbe informed about the possibility of breaches of privacy and security whether the app or textingprocedure is experimental in nature and the potential for miscommunication in text-basedcommunication (Childress 2000) Furthermore the CPArsquos Ethical Guidelines for PsychologistsProviding Psychological Service via Electronic Media (2006) states that psychologists shouldinclude in the informed consent the risk of a technological failure during electronic commu-nications Psychologists should therefore include in the informed consent both the risk oftechnological failure and a safety plan such as giving emergency numbers in the event of atechnological failure such as loss of service Some psychologists have begun to developinformed consent templates for mHealth policies for clients (Kolmes 2010) Furthermore it isimportant that psychotherapists inform clients that mHealth texting and apps are not securemediums and that information stored on mobile devices could be obtained by third parties Thepsychologist should also explain that a breach of confidentiality could occur if the clientrsquos deviceis lost or stolen and must ensure that the client understands these potential risks prior to use ofmHealth interventions A benefit of developing a written mHealth policy for use with clients isthat it will delineate the possible concerns with privacy and security For example one existingpolicy explicitly states that clients should not use text messaging as a means of contact as thisform of communication can compromise confidentiality (Kolmes 2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 7

It is also important to create an informed consent process that is flexible for mHealth apps Asan example it is possible that a client may consent to track his or her mood but does not consent tohaving his or her voice recorded in an mHealth app such as with the Xpression app (ie an appthat uses voice recordings to determine the userrsquos emotional state) Thus psychologists must createan informed consent process that is flexible enough to allow the client to decline consent for thecollection of certain types of data such as voice or video recordings In addition psychologistsmust be explicit in the informed consent document as to how the data from the app will be usedhow the data will be stored any security and privacy issues and how long this information will bekept Finally as part of the consent process psychologists must inform participants aboutcircumstances in which they might be obliged to disclose personal information For instance forapps or texting interventions in which risk for harm to self or others is in any way assessed (egdialectical behavioral therapy apps) clients must be informed that this information may no longerbe confidential if the individual is judged by the psychotherapist to be a risk of harm to him- orherself or to others It should be noted that in addition to documenting the risks to security andprivacy in the consent form psychologists also have a responsibility to actively engage in effectivepractices for reducing risks to confidentiality (see Recommendations section)

Competence

Another important ethical dilemma that frequently arises is the issue of psychotherapist compe-tence According to APA Ethics Code Standard 201a psychologists provide services and teachonly in areas within the boundaries of their competence ldquobased on their education trainingsupervised experience consultation study or professional experiencerdquo (p 4) Competence inmHealth involves two distinct skills areas (a) competence with the particular mHealth inter-ventions and (b) technical skills (eg texting aptitude encryption use of electronic devices) Interms of competence with mHealth interventions mHealth poses a unique dilemma for psy-chotherapists as skills in FTF interactions do not automatically transfer into the digital environ-ment these are considered distinct skill areas (Rees amp Stone 2005) In addition there isevidence that the therapeutic alliance with the client as opposed to therapeutic technique isthe most important factor in therapeutic change (Erskine 1998) Psychologists must thereforemake sure that they are competently able to maintain a strong therapeutic alliance during use ofmHealth interventions Psychologists must also be competent enough in mHealth to knowledg-ably recommend appropriate interventions to clients According to Standard 201c psychologistsplanning to provide services involving areas or technologies that are new to the psychologistshould receive education and training in these areas The Association of Canadian PsychologyRegulatory Organizations (2011) guidelines also has stipulations that psychologists should becompetent prior to engaging in mHealth and should not address a problem using electronicmedia unless the psychologist is competent to do so in person Thus psychologists must ensurethat they have the relevant education training and skill to competently implement mHealthinterventions

Psychologists should also have an understanding of what diversity factors may impede orfacilitate the use of particular mHealth services (Standard 201b) Age is of particular importancefor the implementation of mHealth services as digital natives or younger individuals who grewup with digital devices and the Internet (Prensky 2001) may be more likely to comply with andenjoy mental health services that involve mHealth Conversely for digital immigrants or

8 KARCHER AND PRESSER

individuals born before the widespread implementation of digital devices and the Internet(Prensky 2001) difficulty with implementation of these services may impede progress inpsychotherapy This is just one example of how demographic factors may influence a psy-chotherapistrsquos decision to engage in mHealth Furthermore when determining whether toadminister an mHealth intervention make sure to consider the ldquodigital dividerdquo which refers tothe economic and social inequality with regards to access to and availability of technology(Warschauer 2004) Psychologists must engage in training consultation or supervision toensure that they are knowledgeable of how such individual demographic factors may affectthe use of mHealth and thereby to integrate mHealth appropriately and ethically

The second area concerning competency is whether psychologists have the technical skillsnecessary to effectively and ethically conduct mHealth interventions For instance therapistswho are not familiar with texting or the use of apps may struggle to competently and ethicallyengage with clients in the digital environment Barnett (2005) suggested that psychologists mustbe proficient in typing skills and be familiar with the technology (in this case the technology ofapps or texting) Knowledge of encryption or other means of secure communication is alsoimportant Psychotherapists who actively provide telepsychotherapy may already have devel-oped some of these skills as some of the requisite skills and competencies required for engagingin telepsychotherapy are similar to the use of mHealth

Finally psychologists must adhere to Standard 203 which states that competency trainingand education should be ongoing in order to maintain competence Thus it is not adequate tojust receive training and education in mHealth interventions Rather psychologists must receiveongoing up-to-date education and training in mHealth interventions and technologies especiallybecause mHealth is constantly evolving and new technologies are emerging

Boundaries

Due to the immediacy of contact the out-of-office setting and potential after-hours timingtexting has the potential to result in clients feeling closer to the therapist than what clients feelnaturally during FTF psychotherapy This raises the potential that the clientrsquos perception of thetherapeutic relationship could devolve into a less professional relationship with the bound-aries blurring between that and a friendship Given the ease and accessibility of texting clientsmay be inclined to text the psychotherapist regarding daily routine events whereas the clientwould not call an office phone to communicate about such events Furthermore given theavailability of the therapist in the clientrsquos regular life outside of psychotherapy and anawareness of the therapistrsquos phone number some clients may send messages outside officehours such as during the evening or at night or may continue to send text messages aftertermination of the therapeutic relationship as they now have the therapistrsquos phone numberTherefore psychologists need to consider their response to any irregular or postterminationcontact These permeable boundaries of the therapeutic structure also raise the possibility ofviolating Standard 305 which states that psychologists should refrain from multiple relation-ships if the relationship could impair the psychologistrsquos effectiveness or could cause harm tothe client In general therefore psychologists must be particularly attentive to management ofblurry boundaries and the potential for multiple relationships when engaging in mHealthinterventions especially texting

ETHICAL AND LEGAL ISSUES IN MHEALTH 9

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 8: Ethical and Legal Issues Addressing the Use of Mobile

It is also important to create an informed consent process that is flexible for mHealth apps Asan example it is possible that a client may consent to track his or her mood but does not consent tohaving his or her voice recorded in an mHealth app such as with the Xpression app (ie an appthat uses voice recordings to determine the userrsquos emotional state) Thus psychologists must createan informed consent process that is flexible enough to allow the client to decline consent for thecollection of certain types of data such as voice or video recordings In addition psychologistsmust be explicit in the informed consent document as to how the data from the app will be usedhow the data will be stored any security and privacy issues and how long this information will bekept Finally as part of the consent process psychologists must inform participants aboutcircumstances in which they might be obliged to disclose personal information For instance forapps or texting interventions in which risk for harm to self or others is in any way assessed (egdialectical behavioral therapy apps) clients must be informed that this information may no longerbe confidential if the individual is judged by the psychotherapist to be a risk of harm to him- orherself or to others It should be noted that in addition to documenting the risks to security andprivacy in the consent form psychologists also have a responsibility to actively engage in effectivepractices for reducing risks to confidentiality (see Recommendations section)

Competence

Another important ethical dilemma that frequently arises is the issue of psychotherapist compe-tence According to APA Ethics Code Standard 201a psychologists provide services and teachonly in areas within the boundaries of their competence ldquobased on their education trainingsupervised experience consultation study or professional experiencerdquo (p 4) Competence inmHealth involves two distinct skills areas (a) competence with the particular mHealth inter-ventions and (b) technical skills (eg texting aptitude encryption use of electronic devices) Interms of competence with mHealth interventions mHealth poses a unique dilemma for psy-chotherapists as skills in FTF interactions do not automatically transfer into the digital environ-ment these are considered distinct skill areas (Rees amp Stone 2005) In addition there isevidence that the therapeutic alliance with the client as opposed to therapeutic technique isthe most important factor in therapeutic change (Erskine 1998) Psychologists must thereforemake sure that they are competently able to maintain a strong therapeutic alliance during use ofmHealth interventions Psychologists must also be competent enough in mHealth to knowledg-ably recommend appropriate interventions to clients According to Standard 201c psychologistsplanning to provide services involving areas or technologies that are new to the psychologistshould receive education and training in these areas The Association of Canadian PsychologyRegulatory Organizations (2011) guidelines also has stipulations that psychologists should becompetent prior to engaging in mHealth and should not address a problem using electronicmedia unless the psychologist is competent to do so in person Thus psychologists must ensurethat they have the relevant education training and skill to competently implement mHealthinterventions

Psychologists should also have an understanding of what diversity factors may impede orfacilitate the use of particular mHealth services (Standard 201b) Age is of particular importancefor the implementation of mHealth services as digital natives or younger individuals who grewup with digital devices and the Internet (Prensky 2001) may be more likely to comply with andenjoy mental health services that involve mHealth Conversely for digital immigrants or

8 KARCHER AND PRESSER

individuals born before the widespread implementation of digital devices and the Internet(Prensky 2001) difficulty with implementation of these services may impede progress inpsychotherapy This is just one example of how demographic factors may influence a psy-chotherapistrsquos decision to engage in mHealth Furthermore when determining whether toadminister an mHealth intervention make sure to consider the ldquodigital dividerdquo which refers tothe economic and social inequality with regards to access to and availability of technology(Warschauer 2004) Psychologists must engage in training consultation or supervision toensure that they are knowledgeable of how such individual demographic factors may affectthe use of mHealth and thereby to integrate mHealth appropriately and ethically

The second area concerning competency is whether psychologists have the technical skillsnecessary to effectively and ethically conduct mHealth interventions For instance therapistswho are not familiar with texting or the use of apps may struggle to competently and ethicallyengage with clients in the digital environment Barnett (2005) suggested that psychologists mustbe proficient in typing skills and be familiar with the technology (in this case the technology ofapps or texting) Knowledge of encryption or other means of secure communication is alsoimportant Psychotherapists who actively provide telepsychotherapy may already have devel-oped some of these skills as some of the requisite skills and competencies required for engagingin telepsychotherapy are similar to the use of mHealth

Finally psychologists must adhere to Standard 203 which states that competency trainingand education should be ongoing in order to maintain competence Thus it is not adequate tojust receive training and education in mHealth interventions Rather psychologists must receiveongoing up-to-date education and training in mHealth interventions and technologies especiallybecause mHealth is constantly evolving and new technologies are emerging

Boundaries

Due to the immediacy of contact the out-of-office setting and potential after-hours timingtexting has the potential to result in clients feeling closer to the therapist than what clients feelnaturally during FTF psychotherapy This raises the potential that the clientrsquos perception of thetherapeutic relationship could devolve into a less professional relationship with the bound-aries blurring between that and a friendship Given the ease and accessibility of texting clientsmay be inclined to text the psychotherapist regarding daily routine events whereas the clientwould not call an office phone to communicate about such events Furthermore given theavailability of the therapist in the clientrsquos regular life outside of psychotherapy and anawareness of the therapistrsquos phone number some clients may send messages outside officehours such as during the evening or at night or may continue to send text messages aftertermination of the therapeutic relationship as they now have the therapistrsquos phone numberTherefore psychologists need to consider their response to any irregular or postterminationcontact These permeable boundaries of the therapeutic structure also raise the possibility ofviolating Standard 305 which states that psychologists should refrain from multiple relation-ships if the relationship could impair the psychologistrsquos effectiveness or could cause harm tothe client In general therefore psychologists must be particularly attentive to management ofblurry boundaries and the potential for multiple relationships when engaging in mHealthinterventions especially texting

ETHICAL AND LEGAL ISSUES IN MHEALTH 9

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 9: Ethical and Legal Issues Addressing the Use of Mobile

individuals born before the widespread implementation of digital devices and the Internet(Prensky 2001) difficulty with implementation of these services may impede progress inpsychotherapy This is just one example of how demographic factors may influence a psy-chotherapistrsquos decision to engage in mHealth Furthermore when determining whether toadminister an mHealth intervention make sure to consider the ldquodigital dividerdquo which refers tothe economic and social inequality with regards to access to and availability of technology(Warschauer 2004) Psychologists must engage in training consultation or supervision toensure that they are knowledgeable of how such individual demographic factors may affectthe use of mHealth and thereby to integrate mHealth appropriately and ethically

The second area concerning competency is whether psychologists have the technical skillsnecessary to effectively and ethically conduct mHealth interventions For instance therapistswho are not familiar with texting or the use of apps may struggle to competently and ethicallyengage with clients in the digital environment Barnett (2005) suggested that psychologists mustbe proficient in typing skills and be familiar with the technology (in this case the technology ofapps or texting) Knowledge of encryption or other means of secure communication is alsoimportant Psychotherapists who actively provide telepsychotherapy may already have devel-oped some of these skills as some of the requisite skills and competencies required for engagingin telepsychotherapy are similar to the use of mHealth

Finally psychologists must adhere to Standard 203 which states that competency trainingand education should be ongoing in order to maintain competence Thus it is not adequate tojust receive training and education in mHealth interventions Rather psychologists must receiveongoing up-to-date education and training in mHealth interventions and technologies especiallybecause mHealth is constantly evolving and new technologies are emerging

Boundaries

Due to the immediacy of contact the out-of-office setting and potential after-hours timingtexting has the potential to result in clients feeling closer to the therapist than what clients feelnaturally during FTF psychotherapy This raises the potential that the clientrsquos perception of thetherapeutic relationship could devolve into a less professional relationship with the bound-aries blurring between that and a friendship Given the ease and accessibility of texting clientsmay be inclined to text the psychotherapist regarding daily routine events whereas the clientwould not call an office phone to communicate about such events Furthermore given theavailability of the therapist in the clientrsquos regular life outside of psychotherapy and anawareness of the therapistrsquos phone number some clients may send messages outside officehours such as during the evening or at night or may continue to send text messages aftertermination of the therapeutic relationship as they now have the therapistrsquos phone numberTherefore psychologists need to consider their response to any irregular or postterminationcontact These permeable boundaries of the therapeutic structure also raise the possibility ofviolating Standard 305 which states that psychologists should refrain from multiple relation-ships if the relationship could impair the psychologistrsquos effectiveness or could cause harm tothe client In general therefore psychologists must be particularly attentive to management ofblurry boundaries and the potential for multiple relationships when engaging in mHealthinterventions especially texting

ETHICAL AND LEGAL ISSUES IN MHEALTH 9

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 10: Ethical and Legal Issues Addressing the Use of Mobile

Avoiding Harm

There are potential violations of Standard 304 Avoiding Harm when it is foreseeable andavoidable when using mHealth Psychotherapists are trained to attend to nonverbal cues inorder to assess interpersonal interactions and the clientrsquos mental state but it is not possible toadequately assess these when the client is not in the therapeutic room (ie when using mHealthinterventions as an adjunct to psychotherapy with the exception of using video-calling applica-tions) As an illustration if the client is in high distress but the psychotherapist is unable to judgethis based on the clientrsquos self-report via text the client may be at increased risk or may feelmisunderstood Furthermore a psychotherapist may have difficulty judging whether a client isdisclosive and following recommendations when assessing risk and the means of communicationis electronic Thus psychotherapists need to take precautions when using mHealth in order toaccurately assess the clientrsquos mental state during non-FTF interactions so that Standard 304 is notviolated

Documentation

Health care providers including psychologists are responsible for the creation maintenancestorage and disposal of all records and data relating to a patientrsquos health or psychotherapeutictreatment record Likewise in conjunction with Standard 601 Guideline 1 of APArsquos RecordKeeping Guidelines (APA 2007) states that psychologists have responsibility for the mainte-nance and retention of therapeutic health records There are however several unique challengesfor mHealth use in terms of recording and maintaining a treatment record For texting and appsit can be difficult to get printed versions of significant information in order to provide accuratedocumentation in the clientrsquos chart As an example if a client is using mood-tracking forms itcould be difficult to get a printed version of these for the clientrsquos record This can make accurateand informative record keeping (as per the second guideline) a challenge and may be particularlyimportant when suicidality is determined In terms of texting some institutions require only abrief summary of treatment contacts however this summary may not contain all of the pertinentcontent of significant text messages such as those implying risk which could mean thatpsychologists could be in violation of this second guideline

In addition Standard 602 states that psychologists must maintain confidentiality of healthrecords in any medium For instance if an app stores mood records on a client the psychologistis responsible for the maintenance and security of these records This guideline would also applyto text messages as psychologists are responsible for determining how long to store textmessages and when to dispose of these messages Furthermore as per 602c the psychologistmust prepare in advance for the maintenance of mHealth records in the event that the psychol-ogist terminates practice Thus in all such cases a psychologist must be careful to securely andregularly maintain mHealth records

Training and Supervision

In our review of the literature to date it does not seem that there is much emphasis in graduateprograms on therapeutic use of electronic methodologies (Maheu Pulier Wilhelm McMenamin ampBrown-Connolly 2004) It may therefore be difficult for trainees to obtain the necessary training

10 KARCHER AND PRESSER

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 11: Ethical and Legal Issues Addressing the Use of Mobile

and supervision in mHealth interventions Both competence and delegation are relevant in thisregard If supervisors are not competent in the use of text-based interventions or the use of mHealthapps it is questionable whether they can competently provide training to supervisees Moreover asEthics Code Standard 205 addresses delegation of work to others and as supervisors bear respon-sibility for appropriate oversight to safeguard treatment provision supervisors must ensure that boththey and their trainees are competent in mHealth interventions or risk jeopardizing patient care

In addition when trainees text clients it is unlikely that the supervisor is able to see the fullcontent of the text messages and thereby have appropriate oversight (particularly when thesupervisor has access only to a summary via the traineersquos note in the clientrsquos chart) This may beproblematic as it is difficult both to oversee the clientrsquos treatment and to ensure that a trainee isaccurately reporting and appropriately documenting treatment and setting boundaries Likewiseit may be challenging to record video-calling sessions with clients or to record app usage Thiscontrasts with video or audio recording of psychotherapy sessions where the supervisor hasaccess to direct information regarding the content of therapeutic interactions

Furthermore because mHealth is such a rapidly evolving area of treatment it will bechallenging for supervisors and trainees to remain competent and up to date in administeringmHealth To summarize a psychologist should avoid supervising interventions outside thebounds of his or her competence and should seek continuing education to maintain competencein any area of mHealth on which training or supervision is provided

Assessment Issues

Several unique ethical challenges exist when conducting assessments electronically via use ofapps Psychologists must take reasonable steps to explain assessments results to a client(Standard 910) and therefore should ensure that even when assessments are completed outsideof psychotherapy sessions time is taken to explain the assessment conclusions It is also possiblethat the client may not fill out the assessment him- or herself (eg due to language limitationsvisual or motor challenges or disabilities that prevent the client from completing the mHealthassessment) Furthermore according to Standard 906

When interpreting assessment results including automated interpretations psychologists take intoaccount the purpose of the assessment as well as the various test factors test-taking abilities andother characteristics of the person being assessed such as situational personal linguistic and culturaldifferences (p 13)

Again this can be challenging because if the assessment is conducted electronically with theexception of conducting assessments over video-calling applications it may be difficult for thepsychologist to assess certain characteristics such as test-taking ability or the testing milieu ofthe client at the time the assessment was conducted (ie if the assessment is conducted outsideof the psychotherapy session)

In addition according to Standard 902 psychologists must ensure that there is evidence forthe usefulness and efficacy of assessments even when administered electronically such asthrough an mHealth app Psychologists must therefore be aware of the proper application ofthe assessment as certain assessments such as semistructured interviews may not be appro-priate for mHealth apps Furthermore psychologists should use assessment instruments withestablished validity and reliability evidence and should describe the strengths and limitations of

ETHICAL AND LEGAL ISSUES IN MHEALTH 11

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 12: Ethical and Legal Issues Addressing the Use of Mobile

any assessment conclusions In terms of empirical support there is evidence that the PHQ-9administered via app shows high interreliability with the paper measure of the PHQ-9 (BushSkopp Smolenski Crumpton amp Fairall 2013) If an mHealth assessment does not have soundpsychometric properties the psychologist must explain these limitations to the client and musteither be careful to describe any limitations or not recommend the app

Conflict of Interest

As psychologists begin to use their expertise to develop mHealth apps themselves to facilitateassessment and treatment of mental health problems (East amp Havard 2015) the possibility of aconflict of interest emerges According to Ethics Code Standard 306 psychologists shouldavoid taking on roles when professional or financial interests could impair objectivity or exposea client to harm or exploitation In particular if psychologists benefit financially when currentclients download their app it is likely that the psychologist will face a professional conflict ofinterest and judgment could therefore be compromised For example a psychologist who hasdeveloped an anxiety symptom tracking app may be implicitly or explicitly motivated to advisehis or her clients to download this app and have judgment compromised as to when it might notbe appropriate for a particular client or issue

Fees

One final ethical issue with mHealth is how and whether psychologists should be paid formHealth services Although Standard 604 states that psychologistsrsquo fee practices are consistentwith law few laws exist regarding how psychologists should charge for mHealth interventionsand although telehealth services are now billable in some states (Weinstein et al 2014) we didnot find a single billing code for text-based interventions Thus in terms of texting clients it isunclear how psychologistsrsquo billing policies for texting could be consistent with the law and it isconsequently unclear how these billing policies can be consistent with the APA Ethics Code Inaddition it is also difficult to assess if how and when to charge clients for text-basedinterventions It could potentially be confusing to clients if psychotherapists do not charge forbrief administrative text messages (eg setting an appointment) but do charge for text-basedinterventions or extended conversations If the psychologist chooses not to charge clients fortext-based interventions which currently seems to be standard procedure the psychologist maybecome overburdened by numerous or frequent text-based interventions without financialcompensation

LEGAL CONSIDERATIONS

In addition to the potential ethical and clinical challenges that arise with the use of mHealthinterventions there are several legal considerations for the use of mHealth The HealthInformation Portability and Accountability Act (HIPAA) Privacy and Security Rules regulatethe security of ePHI Examples of ePHI include names birth dates e-mail addresses and otherinformation that could potentially identify an individual

12 KARCHER AND PRESSER

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 13: Ethical and Legal Issues Addressing the Use of Mobile

The HIPAA Privacy Rule requires that covered entitles including mental health providersprotect the privacy of PHI in any form This requires that psychologists must take measures toprotect the privacy of ePHI

The HIPAA Security Rule states that covered entities must implement the appropriatephysical administrative and technical safeguards to ensure the confidentiality of ePHI createdreceived maintained or transmitted by the covered entity (American Psychological AssociationPractice Organization 2005) The Security Rule therefore requires providers to implementsecurity measures to protect patientsrsquo privacy (Amatayakul Lazarus amp Walsh 2003Department of Health and Human Services 2003) In terms of mHealth the loss or theft of amobile device could lead to the exposure of ePHI if the device is not secured Moreover theBreach Notification Rule requires covered providers to notify individuals in the case of loss ortheft of ePHI Failure to comply with the Privacy and Security Rules can lead to civil andcriminal penalties Psychologists should make strides to ensure that mHealth interventions areHIPAA compliant For example the psychotherapist can contact the app developer to determinewhether the app has a Business Associate Agreement (ie a contract between a HIPAA-coveredentity and a HIPAA business associate that protects PHI in accordance with HIPAA guidelines)Overall it appears that risks to privacy and security constitute a potentially serious legaldilemma for administering mHealth interventions thus safeguarding electronic devices is ofparamount importance

Psychologists should also be mindful not to conduct interjurisdictional practice when con-ducting mHealth According to the APA Guidelines for the Practice of Telepsychology (APA2013) as well as the CPA (2006) and Association of Canadian Psychology RegulatoryOrganizations (2011) guidelines psychologists should comply with all laws and regulationswhen providing services to clients across jurisdictional borders However each state differs interms of its laws for interjurisdictional practice and there are jurisdictions that do not currentlyhave specific laws to govern the provision of psychological services utilizing electronic tech-nologies Thus psychotherapists must be mindful that if a client is texting or video calling fromanother state such as when traveling for work or on a vacation the psychologist may be at riskof conducting interjurisdictional practice The profession of psychology also does not currentlyhave a mechanism to regulate the delivery of psychological services across jurisdictionalborders Because interjurisdictional practice can involve legal issues such as liability of careand proper licensing of health care providers psychologists must be mindful to comply with allrelevant interjurisdictional practice laws (Khoja Durrani Nayani amp Fahim 2012) Some stateshave provisions that allow out-of-state licensed psychologists to engage in services for aspecified time (usually between 10 and 30 days)

Last psychotherapists must pay careful attention to what is considered billable in terms ofmHealth practice (American Hospital Association 2015) Psychotherapists should also be care-ful that claims are submitted accurately (eg submitting a claim as if therapy occurred in theoffice setting when it was actually electronic in order to be compensated for onersquos time) It isimportant that psychotherapists carefully document all mHealth interventions prior to submittingclaims in order to avoid claims of fraud and abuse

ETHICAL AND LEGAL ISSUES IN MHEALTH 13

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 14: Ethical and Legal Issues Addressing the Use of Mobile

RECOMMENDATIONS

The following recommendations are steps that can be taken to promote ethical use of eHealthtechnology

1 Protection of Privacy Recommendations First and foremost mHealth provision mustensure an emphasis on keeping all transactions secure and confidential This willnecessitate psychologists staying abreast of constantly evolving technology As themost frequent threats to data security are unauthorized access to a mobile device severalsteps can be taken

(A) The most cautious use of texting to protect ePHI is using for administrativepurposes only However if the therapist decides to text a client it is essential toengage in safeguards to protect the clientrsquos ePHI

(B) Ensure that phone devices for both therapist and client are password protectedSome mobile devices now include a fingerprint scanner on the phone to ensurepassword security

(C) In the event that a mobile device becomes lost or stolen psychologists shouldemploy technologies that can be used to remotely delete data (eg for Androidusers through the use of the Remote Wipe in the Google Apps Device Policy app)

(D) Psychologists should use encryption services or a secure patient portal whenengaging in mHealth End-to-end encryption is the more secure form of encryptionalthough other safeguards should be employed as it is still vulnerable to breaches

(E) Do not store names of clients in electronic devices Instead use nonidentifiableinformation such as initials or the chart number from the clientrsquos treatment recordto identify clients Psychologists should also use other safeguards as the phonenumber itself is identifiable information

(F) Psychotherapists should also delineate a policy for when text messages containingePHI should be deleted (Greene 2012)

(G) Use only secured password-protected WiFi networks(H) Carefully dispose of mobile devices Remove all confidential information prior to

disposal(I) Psychotherapists should store mHealth information only in secure locations For

example psychotherapists can use encrypted drives or HIPAA-compliant storagesolutions Psychotherapist should exhibit the same precaution with mHealth recordsas is given to paper documents

(J) Psychotherapists should also explicitly inform the client that his or her identity canrsquotnecessary be verified when engaging in mHealth interventions (Barnett amp Scheetz2003)

2 TrainingCompetency Recommendations mHealth is an emerging and constantlychanging field It is important that graduate training begins to develop education aboutthe ethical use of mHealth This training should involve multiple areas including(A) Appropriate ongoing supervision of mHealth use by trainees

14 KARCHER AND PRESSER

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 15: Ethical and Legal Issues Addressing the Use of Mobile

(B) Training in graduate ethics courses on mHealth-related topics such as those identi-fied in this article especially confidentiality protection of client privacy andappropriate boundary-setting

(C) Training in evolving technologies and new modes of mHealth as these continue toemerge

(D) Education about mHealth in both didactic psychotherapy classes and during practi-cum in accordance with APArsquos (2012) requirements for training

(E) Prior to recommending an app psychologists should download the app themselvesin order to have an understanding of how the app works Furthermore psycholo-gists must assess for themselves whether an app is appropriate and useful for aparticular client and problem area

(F) Supervisors should assess whether the supervisee is familiar and competent withthe use of technologies relevant for an mHealth intervention prior to sanctioning thesuperviseersquos use of a particular mHealth intervention

(G) Prior to engaging in mHealth psychotherapists must engage in training and con-sultation with colleagues who currently practice mHealth

(H) Psychotherapists should also examine the literature for relevant mHealth treatmentprotocols and manuals

(I) Although no formal standards for training exist to date psychotherapists must keepabreast of the relevant mHealth-related efficacy research as well as engage incontinued education regarding mHealth (eg periodically attend relevantmHealth webinars or trainings) This is a rapidly evolving field and it is essentialthat psychologists keep current on both electronic technological developments andstandards for ethical practice

(J) Trainees should either print out text messages when feasible or include detailedsummaries of text messages with a client in the clientrsquos chart

(K) The supervisor and trainee should considering copying the supervisor on allmessages to the client Otherwise the trainee should bring his or her device tosupervision so that the supervisee can share the text messages with the supervisor toensure proper oversight of interactions and content

(L) Trainees should also detail the use of apps in the clientrsquos chart3 Informed Consent

(A) For any new use of texting interventions or apps psychologists should have aninformed consent form signed by both the psychologist and the client Thisinformed consent should be flexible and allow the client to decline to consent toaspects of the intervention with which he or she is not comfortable (eg voicerecordings)

(B) Informed consent for texting or mHealth apps use should detail the potential risksto confidentiality and should explicitly detail the therapeutic uses of the mHealthintervention For example if a texting intervention is only for tracking symptomsthe psychologist should explicitly detail this in the informed consent process andshould discuss with the client that texts are for symptom ratings only (ie not forother therapeutic or non-psychotherapy-related issues)

(C) In addition to the psychologistrsquos informed consent document the psychologistshould have an open discussion with each client about the evidence and benefits

ETHICAL AND LEGAL ISSUES IN MHEALTH 15

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 16: Ethical and Legal Issues Addressing the Use of Mobile

of engaging in the mHealth intervention as well as why the psychologist hasrecommended this particular intervention The psychologist should ensure that theclient understands both the risks and the benefits before asking whether the clientwishes to engage in a particular mHealth intervention

4 Assessment Recommendations(A) Prior to an mHealth assessment psychologists should explain the utility evidence

base and any limitations for the assessment The psychologist should attempt toexplain all assessment results in person following the assessment

(B) When administering mHealth assessments (ie either standard psychologicalassessments such as the Personality Assessment Inventory or MinnesotaMultiphasic Personality Inventory or measures of symptoms severity such as theBeck Depression Inventory or Beck Anxiety Inventory) psychotherapists shouldascertain whether there is validity for their use electronically

(C) Whenever possible psychotherapists should check in session whether the clientcompleted the assessment him- or herself or whether the individual required or hadassistance

5 Boundary-Crossing Recommendations(A) Psychotherapists should be careful to avoid crossing professional boundaries This

includes avoiding informal language and avoiding texting outside business hours(B) Another possibility for protecting professional boundaries would be for the thera-

pist to deliver text messages through a secure HIPAA-compliant text messagingapp as opposed to disclosing his or her personal phone number This would enablethe therapist to engage in a text messaging intervention while distinguishing theclient from other (nonclient) individuals with whom the therapist would engage intext messaging It may also avoid problems such as the client or psychotherapistsending unintended messages (eg sending messages to the wrong individualimpulsively sending messages when affectively charged)

(C) Psychotherapists should explicitly discuss with the client during the informedconsent process the boundaries of texting (eg appropriate hours content) aswell as review any state regulations related to mandated reporting and permissivedisclosures that would apply to text messaging with suicidal andor homicidalcontent or abuse

(D) Psychotherapists should also be mindful to maintain a professional role such asusing professional language and tone when texting

(E) To foster a healthy therapeutic alliance and to preserve appropriate boundaries thepsychotherapist should monitor burn out regarding text messaging If such feelingsarise the psychotherapist should have a conversation with the client regardingappropriate use and timing of text messaging

6 Fee Recommendations(A) Examine whether there are existing standards or regulations regarding appropriate

pricing andor fee schedules for mHealth interventions(B) Use consistent pricing andor fee schedules across clients Make sure only appro-

priate and consistent insurance claims are filed

16 KARCHER AND PRESSER

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 17: Ethical and Legal Issues Addressing the Use of Mobile

(C) Psychotherapists should check to determine whether the clientrsquos insurance companywill cover the mHealth intervention and if charging for onersquos time be clear aboutthis in the informed consent process

7 Other Recommendations(A) Psychologists should continue to conduct effectiveness research regarding the

empirical evidence for mHealth apps and texting interventions as adjuncts topsychotherapy

(B) Prior to engaging in an mHealth intervention psychotherapists should assesswhether clients have consistent access to the technology required to engage in themHealth intervention (eg consistent phone service)

(C) The psychotherapist should also whenever possible practice the use of mHealth insession (ie engage in a text message exchange or a tutorial of the app) Thepsychotherapist can use this practice to assess whether the client is capable of usingand comfortable with the technology and provide instruction where needed

(D) Psychologists should strive to avoid conflicts of interest whenever possible Ifanother psychologist notices a conflict of interest the psychologist should takereasonable steps to resolve this conflict as for any other ethical violation

8 Legal Recommendations(A) Psychotherapists should examine whether a given mHealth app is HIPAA compliant

prior to recommending the app to a client Many apps are not HIPAA compliant(Cook 2014) and providers must be careful to check what safeguards are in place(eg requires a log-in encrypts information) prior to making any recommendations

(B) The psychologist should contact the app developer to determine whether the appdeveloper has a Business Associate Agreement

(C) The psychologist should check with his or her malpractice insurance carrier to seewhether it covers provision of mHealth services

(D) Prior to engaging in interjurisdictional practice psychologists must check the guestlicensure provisions for the state in which the psychologist plans to engage inmHealth Psychologists can also apply for an Interjurisdictional Practice Certificatewith the Association of State and Provincial Psychology Boards (ASPPB) toprovide out-of-state mHealth services for up to 30 days ASPPB is also developingan EPassport which would allow psychologists to conduct mHealth across statelines

(E) Psychotherapists must be sure to submit only compliant claims to avoid potentialallegations of fraud and abuse Thus psychotherapists must ensure that any sub-mitted mHealth claim is accurate appropriate and documented

9 Organizational Recommendations(A) Mental health organizations such as APA CPA and others should develop

professional practice guidelines for mHealth These guidelines should be updatedfrequently as new technologies emerge and as mHealth evolves

(B) The current APA Ethics Code should be updated to include ethical practices withmHealth

(C) Psychologists and treatment organizations should develop a written mHealth policyfor use with clients When developing such a policy consult previously createdmHealth policies with clients such as the policy created by Keely Kolmes (2010)

ETHICAL AND LEGAL ISSUES IN MHEALTH 17

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 18: Ethical and Legal Issues Addressing the Use of Mobile

(D) In terms of record keeping and fee practices institutions should develop standar-dized protocols to ensure that psychologists are fairly and uniformly administeringfees and managing clientrsquos records

(E) Clinics and agencies should develop written policies and procedures regardingacceptable practices for mHealth use for professional and training staff (eg pass-word protecting phones using only secured WiFi networks using encryptionservices etc) These policies should include the appropriate use of mHealthinterventions (Greene 2012)

(F) Agencies should consider having a signed agreement for staff and trainees aboutsafeguarding security and privacy

(G) Agencies should reconsider the expectation that therapists use personal phones forcommunicating with clients

SUMMARY

Overall it is clear that there are many possible positive uses of mHealth to assist psychotherapyand the world has moved rapidly in this direction Texting interventions and mHealth apps havethe potential to increase therapeutic effectiveness for a variety of mental-health-related issuessuch as decreasing symptoms of depression and anxiety and managing psychotic symptomsmHealth interventions can serve as an adjunct to psychotherapy in several helpful waysincluding enabling symptom monitoring assisting in skills building and increasing therapycompliance behaviors such as homework completion However there are a number of potentialethical dilemmas that must be adequately addressed mHealth practitioners must engage ineffective practices to reduce potential breeches to client privacy In addition it is importantthat we begin to develop standardized practices for effectively delivering competency trainingfinancial compensation and record-keeping practices Furthermore the APA should createguidelines that specifically address ethical issues associated with mHealth interventionsBecause mHealth is the new and rapidly growing frontier for psychologists it is imperativethat these practices be addressed now to ensure that psychologists will be equipped to practiceand train both ethically and competently in the future

REFERENCES

Aguilera A amp Muntildeoz R F (2011) Text messaging as an adjunct to CBT in low-income populations A usability andfeasibility pilot study Professional Psychology Research and Practice 42 472ndash478 doi101037a0025499

Aguilera A Schueller S M amp Leykin Y (2015) Daily mood ratings via text message as a proxy for clinic baseddepression assessment Journal of Affective Disorders 175 471ndash474 doi101016jjad201501033

Amatayakul M Lazarus S S amp Walsh T (2003) HIPAA compliance Have you completed a risk analysis (DigitalPerspectives) Healthcare Financial Management 57 96ndash99

American Counseling Association (2014) ACA Code of Ethics Alexandria VA AuthorAmerican Hospital Association (2015 May) Realizing the promise of telehealth Understanding the legal and regulatory

challenges TrendWatch Retrieved from httpwwwahaorgresearchreportstw15may-tw-telehealthpdfAmerican Psychological Association (2007) Record keeping guidelines The American Psychologist 62 993ndash1004

doi1010370003-066X629993American Psychological Association (2010) Ethical principles of psychologists and code of conduct Retrieved from

httpwwwapaorgethicscodeindexaspx (Original work published 2002)

18 KARCHER AND PRESSER

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 19: Ethical and Legal Issues Addressing the Use of Mobile

American Psychological Association (2012) Education and training guidelines A taxonomy for education and trainingin professional psychology health service specialties Retrieved from httpwwwapaorgedgraduatespecializetaxonomypdf

American Psychological Association (2013) Guidelines for the practice of telepsychology The American Psychologist68 791ndash800 doi101037a0035001

American Psychological Association Practice Organization (2005 April 20) The HIPAA Security Rule PrimerRetrieved from httpwwwapapracticecentralorgbusinesshipaasecurity-rulepdf

Amoroso C Flores Arango J F amp Bailey C (2011) Call to action on global eHealth evaluation In ConsensusStatement of the WHO Global Health Evaluation Meeting Bellagio The Bellagio eHealth Evaluation GroupRetrieved from httpwwwghdonlineorguploadsThe_Bellagio_eHealth_Evaluation_Call_to_Action-Releasedocx

Anthony K amp Goss S (2003) 4 Ethical thinking in online therapy In D Hill amp C Jones (Eds) Forms of ethicalthinking in therapeutic practice (pp 50ndash66) London UK Open University Press

Association of Canadian Psychology Regulatory Organizations (2011) Model standards for telepsychology servicedelivery Toronto Canada Retrieved from httpwwwcpmbcadocumentsTelepsychologyStandards4June2011pdf

Association of Social Work Boards International Technology Task Force (2014) Model regulatory standards fortechnology and social work practice Retrieved from httpwwwaswborg

Baker D C amp Bufka L F (2011) Preparing for the telehealth world Navigating legal regulatory reimbursement andethical issues in an electronic age Professional Psychology Research and Practice 42 405ndash411 doi101037a0025037

Barnett J E (2005) Online counseling new entity new challenges The Counseling Psychologist 33 872ndash880doi1011770011000005279961

Barnett J E amp Scheetz K (2003) Technological advances and telehealth Ethics law and the practice ofpsychotherapy Psychotherapy Theory Research Practice Training 40 86ndash93 doi1010370033-3204401-286

Bauer S Okon E Meermann R amp Kordy H (2012) Technology-enhanced maintenance of treatment gains in eatingdisorders Efficacy of an intervention delivered via text messaging Journal of Consulting and Clinical Psychology80 700ndash706 doi101037a0028030

Ben-Zeev D Brenner C J Begale M Duffecy J Mohr D C amp Mueser K T (2014) Feasibility acceptability andpreliminary efficacy of a smartphone intervention for schizophrenia Schizophrenia Bulletin 40 1244ndash1253doi101093schbulsbu033

Birney A J Gunn R Russell J K amp Ary D V (2016) MoodHacker Mobile Web App With Email for Adults toSelf-Manage Mild-to-Moderate Depression Randomized Controlled Trial JMIR Mhealth and Uhealth 4 e8doi102196mhealth4231

Burgess M (2016 April 5) WhatsApp activates end-to-end encryption for one billion users Retrieved from httpwwwwiredcoukarticlewhatsapp-encryption-end-to-end-turned-on

Burns M N Begale M Duffecy J Gergle D Karr C J Giangrande E amp Mohr D C (2011) Harnessing contextsensing to develop a mobile intervention for depression Journal of Medical Internet Research 13 e55 doi102196jmir1838

Bush N E Skopp N Smolenski D Crumpton R amp Fairall J (2013) Behavioral screening measures delivered witha smartphone app Psychometric properties and user preference The Journal of Nervous and Mental Disease 201991ndash995 doi101097NMD0000000000000039

Canadian Psychological Association (2006) Providing psychological services via electronic media Retrieved fromhttpwwwcpacaaboutcpacommitteesethicspsychserviceselectronically

Car J Gurol-Urganci I De Jongh T Vodopivec-Jamsek V amp Atun R (2012) Mobile phone messaging remindersfor attendance at healthcare appointments Cochrane Database System Review 7 CD007458

Childress C A (2000) Ethical issues in providing online psychotherapeutic interventions Journal of Medical InternetResearch 2 e5 doi102196jmir21e5

Cook S (2014 June 27) How to maintain HIPAA compliance with mobile devices Retrieved from httpswwwadvisorycomdaily-briefing20140627law-review

Department of Health and Human Services (2003) Summary of the HIPAA privacy rule Washington DC AuthorDepartment of Health Services (2012) Attack surface Healthcare and public health sector (Bulletin

No 201205040900) Retrieved from httpinfopublicintelligencenetNCCIC-MedicalDevicespdfDolan B (2010 November 4) Number of smartphone health apps up 78 percent Retrieved from httpmobihealthnews

com9396number-ofsmartphone-health-apps-up-78-percent

ETHICAL AND LEGAL ISSUES IN MHEALTH 19

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 20: Ethical and Legal Issues Addressing the Use of Mobile

Donker T Petrie K Proudfoot J Clarke J Birch M R amp Christensen H (2013) Smartphones for smarter deliveryof mental health programs A systematic review Journal of Medical Internet Research 15 e247 doi102196jmir2791

Dubus N (2015) Texting The third client in the room Clinical Social Work Journal 43 209ndash214 doi101007s10615-014-0504-3

East M L amp Havard B C (2015) Mental health mobile apps From infusion to diffusion in the mental health socialsystem JMIR Mental Health 2 e10 doi102196mental3954

Erskine R G (1998) Attunement and involvement Therapeutic responses to relational needs International Journal ofPsychotherapy 3 235ndash244

Gaggioli A amp Riva G (2013) From mobile mental health to mobile wellbeing Opportunities and challenges StudentHealth Technology Information 184 141ndash147

Gigaram Technologies (2011) eMoods bipolar mood tracker (Version 10) [Mobile software application] Retrievedfrom httpsmarketandroidcom

Granholm E Ben-Zeev D Link P C Bradshaw K R amp Holden J L (2011) Mobile Assessment and Treatment forSchizophrenia (MATS) A pilot trial of an interactive text-messaging intervention for medication adherence socia-lization and auditory hallucinations Schizophrenia Bulletin 38(424) 435

Grassi A Gaggioli A amp Riva G (2011) New technologies to manage exam anxiety Student Health TechnologyInformation 167 57ndash62

Greenberg A (2014 November 18) Whatsapp just switched on end-to-end encryption for hundreds of millions of usersRetrieved from httpswwwwiredcom201411whatsapp-encrypted-messaging

Greene A H (2012) HIPAA compliance for clinician texting Journal of AHIMA 83 34ndash36Gustafson D H Shaw B R Isham A Baker T Boyle M G amp Levy M (2011) Explicating an evidence-based

theoretically informed mobile technologyndashbased system to improve outcomes for people in recovery for alcoholdependence Substance Use and Misuse 46 96ndash111 doi103109108260842011521413

Guy R Hocking J Wand H Stott S Ali H amp Kaldor J (2012) How effective are short message service remindersat increasing clinic attendance A meta-analysis and systematic review Health Services Research 47 614ndash632doi101111hesr201247issue-2

Hall A K Cole-Lewis H amp Bernhardt J M (2015) Mobile text messaging for health A systematic review ofreviews Annual Review of Public Health 36 393ndash415 doi101146annurev-publhealth-031914-122855

Harrison V Proudfoot J Wee P P Parker G Pavlovic D H amp Manicavasagar V (2011) Mobile mental healthReview of the emerging field and proof of concept study Journal of Mental Health 20 509ndash524 doi103109096382372011608746

Hidalgo-Mazzei D Mateu A Reinares M Undurraga J Del Mar Bonniacuten C Saacutenchez-Moreno J hellip Colom F(2015) Self-monitoring and psychoeducation in bipolar patients with a smart-phone application (SIMPLe) projectDesign development and studies protocols BMC Psychiatry 15 1ndash9 doi101186s12888-015-0437-6

IMSHealth (2015) IMS Institute for Healthcare Economics Retrieved from httpwwwimshealthcomportalsiteimshealthmenuitem0be132395225d98ee566e5661ad8c22avgnextoid=a64de5fda6370410VgnVCM10000076192ca2RCRD

Johnson D (2013 April 10) SMS open rates exceed 99 Retrieved from httpwwwtatangocomblogsmsopen-rates-exceed-99

Kauer S D Reid S C Crooke A H D Khor A Hearps S J C Jorm A F hellip Patton G (2012) Self-monitoringusing mobile phones in the early stages of adolescent depression Randomized controlled trial Journal of MedicalInternet Research 14 e67 doi102196jmir1858

Kay M Santos J amp Takane M (2011) mHealth New horizons for health through mobile technologies World HealthOrganization 64 66ndash71

Khoja S Durrani H Nayani P amp Fahim A (2012) Scope of policy issues in eHealth Results from a structuredliterature review Journal of Medical Internet Research 14 e31 doi102196jmir1633

Kim H S amp Jeong H S (2007) A nurse short message service by cellular phone in type-2 diabetic patients for sixmonths Journal of Clinical Nursing 16 1082ndash1087 doi101111j1365-2702200701698x

Kolmes K (2010) My private practice social media policy Retrieved from httpwwwdrkkolmescomdocssocmedpdfLabrique A Vasudevan L Chang L W amp Mehl G (2013) H_pe for mHealth More ldquoyrdquo or ldquoordquo on the horizon

International Journal of Medical Informatics 82 467ndash469 doi101016jijmedinf201211016Lunden I (2015 June 2) 61B smartphone users globally by 2020 overtaking basic fixed phone subscriptions

Retrieved from httpstechcrunchcom201506026-1b-smartphone-users-globally-by-2020-overtaking-basic-fixed-phone-subscriptions

20 KARCHER AND PRESSER

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 21: Ethical and Legal Issues Addressing the Use of Mobile

Maheu M M Pulier M L Wilhelm F H McMenamin J P amp Brown-Connolly N E (2004) The mental healthprofessional and the new technologies A handbook for practice today Mahwah NJ Erlbaum

Miloff A Marklund A amp Carlbring P (2015) The challenger app for social anxiety disorder New advances in mobilepsychological treatment Internet Interventions 2 382ndash391 doi101016jinvent201508001

Miskelly F (2005) Electronic tracking of patients with dementia and wandering using mobile phone technology Ageand Ageing 34 497ndash499 doi101093ageingafi145

Patrick K Raab F Adams M Dillon L Zabinski M Rock C hellip Norman G (2009) A text message-basedintervention for weight loss Randomized controlled trial Journal of Medical Internet Research 11 e1 doi102196jmir1100

Pepitone J (2013 December 16) What your wireless carrier knows about you Retrieved from httpmoneycnncom20131216technologymobilewireless-carrier-sell-data

Pew Research Center (2015 April 1) US smartphone use in 2015 Retrieved from httpwwwpewinternetorg20150401us-smartphone-use-in-2015

Powell A C Torous J Chan S Raynor G S Shwarts E Shanahan M amp Landman A B (2016) Interraterreliability of mHealth app rating measures Analysis of top depression and smoking cessation apps JMIR Mhealthand Uhealth 4 e15 doi102196mhealth5176

Prensky M (2001) Digital natives Digital immigrants On the Horizon 9 1ndash6Price M Yuen E K Goetter E M Herbert J D Forman E M Acierno R amp Ruggiero K J (2014) mHealth A

mechanism to deliver more accessible more effective mental health care Clinical Psychology amp Psychotherapy 21427ndash436 doi101002cpp1855

Proudfoot J amp Nicholas J (2010) Monitoring evaluation in low intensity CBT interventions In J Bennett-Levy D ARichards P Farrand H Christensen K M Griffiths D J Kavanagh hellip C Williams (Eds) Oxford guide to lowintensity CBT interventions (pp 97ndash104) Oxford UK Oxford University Press

Rainsberger S B Fishel A amp Muchuca R (2013) Leveraging apps for counselor self-care Counseling TodayRetrieved from httpctcounselingorg201310leveraging-apps-for-counselor-self-care

Rees C S amp Stone S (2005) Therapeutic alliance in face-to-face versus videoconferenced psychotherapyProfessional Psychology Research and Practice 36 649ndash653 doi1010370735-7028366649

Reid S C Kauer S D Hearps S J C Crooke A H D Khor A S Sanci L A amp Patton G C (2011) A mobilephone application for the assessment and management of youth mental health problems in primary care Arandomised controlled trial BMC Family Practice 12 1ndash13 doi1011861471-2296-12-131

Rizvi S L Dimeff L A Skutch J Carroll D amp Linehan M M (2011) A pilot study of the DBT coach Aninteractive mobile phone application for individuals with borderline personality disorder and substance use disorderBehavior Therapy 42 589ndash600 doi101016jbeth201101003

Sims H Sanghara H Hayes D Wandiembe S Finch M Jakobsen H hellip Kravariti E (2012) Text messagereminders of appointments A pilot intervention at four community mental health clinics in London PsychiatricServices 63 161ndash168 doi101176appips201100211

Taylor P (2015 October 5) Edward Snowden interview lsquoSmartphones can be taken overrsquo Retrieved from httpwwwbbccomnewsuk-34444233

Torous J amp Powell A C (2015) Current research and trends in the use of smartphone applications for mood disordersInternet Interventions 2 169ndash173 doi101016jinvent201503002

Trudeau M (2010) Mental health apps Like a ldquotherapist in your pocketrdquo National Public Radio Retrieved from httpwwwnprorgtemplatesstorystoryphpstoryId=127081326

Vahabzadeh M Mezghanni M Lin J L Epstein D H amp Preston K L (2010 October) PGIS Electronic diary dataintegration with GPS data initial application in substance-abuse patients In Institution of Engineering and Technology23rd International Symposium on Computer-Based Medical Systems (pp 474-479) Bentley Australia

Vervloet M Linn A J van Weert J C de Bakker D H Bouvy M L amp Van Dijk L (2012) The effectiveness ofinterventions using electronic reminders to improve adherence to chronic medication A systematic review of theliterature Journal of the American Medical Informatics Association 19 696ndash704 doi101136amiajnl-2011-000748

Villani D Grassi A Cognetta C Cipresso P Toniolo D amp Riva G (2012) The effects of a mobile stressmanagement protocol on nurses working with cancer patients A preliminary controlled study Student HealthTechnology Information 173 524ndash528

ETHICAL AND LEGAL ISSUES IN MHEALTH 21

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES
Page 22: Ethical and Legal Issues Addressing the Use of Mobile

Villani D Grassi A Cognetta C Toniolo D Cipresso P amp Riva G (2013) Self-help stress management trainingthrough mobile phones An experience with oncology nurses Psychological Services 10 315ndash322 doi101037a0026459

Warschauer M (2004) Technology and social inclusion Rethinking the digital divide Cambridge MA MIT PressWatts S Mackenzie A Thomas C Griskaitis A Mewton L Williams A amp Andrews G (2013) CBT for

depression A pilot RCT comparing mobile phone vs computer BMC Psychiatry 13 1ndash9 doi1011861471-244X-13-49

Weinstein R S Lopez A M Joseph B A Erps K A Holcomb M Barker G P amp Krupinski E A (2014)Telemedicine telehealth and mobile health applications that work Opportunities and barriers The American Journalof Medicine 127 183ndash187 doi101016jamjmed201309032

Zur Institute (2016) Mental health apps Retrieved from httpwwwzurinstitutecommentalhealthapps_resourceshtmladdiction

22 KARCHER AND PRESSER

  • Abstract
  • Overview of mHEALTH
  • USES OF mHEALTH
    • Text Messaging
    • Apps
      • ETHICAL CONSIDERATIONS
        • Evidence Base
        • Privacy
        • Informed Consent
        • Competence
        • Boundaries
        • Avoiding Harm
        • Documentation
        • Training and Supervision
        • Assessment Issues
        • Conflict of Interest
        • Fees
          • LEGAL CONSIDERATIONS
          • RECOMMENDATIONS
          • SUMMARY
          • REFERENCES