(a) Creative arts therapist means a person currently licensed as a creative arts therapist by the New York State Education Department or who possesses a creative arts therapist permit or limited permit from the New York State Education Department.

(b) Distant or hub site means the distant secure location, as defined in section 596.6(a)(1)(vii) of this Part, at which the practitioner rendering the service using telemental health services is located.

(c) Encounter means a recipient contact in which services are provided using telemental health services, and whereby the care of the recipient is the direct responsibility of both the article 31 licensed or designated provider of services in which the recipient is admitted at the time of the encounter and the distant telemental health practitioner.

(d) Encryption means a system of encoding data on a web page or email where the information can only be retrieved and decoded by the person or computer system authorized to access it.

(e) Mental health counselor means a person currently licensed as a mental health counselor by the New York State Education Department or who possesses a permit or limited permit from the New York State Education Department.

(f) Originating or spoke site means a site where the recipient is physically located at the time mental health services are delivered to her/him by means of telemental health services, within the State of New York, or another temporary location within or outside the State of New York.

(g) Nurse practitioner in psychiatry means a person currently certified as a nurse practitioner with an approved specialty area of psychiatry (NPP) by the New York State Education Department or who possesses a permit or limited permit from the New York State Education Department.

(h) Physician means a physician currently licensed to practice medicine in New York State pursuant to the New York State Education Law.

(i) Provider of services means a provider of mental health services licensed pursuant to article 31 of the Mental Hygiene Law or authorized by the office to provide mental health services.

(j) Psychoanalyst means a person currently licensed as a psychoanalyst by the New York State Education Department or who possesses a permit or limited permit from the New York State Education Department.

(k) Psychologist means an individual who is currently licensed as a psychologist by the New York State Education Department or possesses a permit or limited permit from the New York State Education Department and who possesses a doctoral degree in psychology, or an individual who has obtained at least a master's degree in psychology who works in a Federal, State, county or municipally operated clinic.

(l) Qualified mental health professional means an individual possessing a license, permit, or limited permit from the New York State Education Department who is qualified by credentials, training, and experience to provide direct services related to the treatment of mental illness and shall include physicians and nurse practitioners in psychiatry, as defined in subdivisions (g) and (h) of this section, as well as the following:

(m) Marriage and family therapist means a person currently licensed as a marriage and family therapist by the New York State Education Department or who possesses a permit or limited permit from the New York State Education Department.

(n) Recipient means a person who is receiving telemental health services.

(o) Social worker means a person who is either currently licensed as a licensed master social worker or as a licensed clinical social worker (LCSW) by the New York State Education Department, or who possesses a permit or limited permit from the New York State Education Department to practice and use the title of either licensed master social worker or licensed clinical social worker.

(p) Telemental health technologies means interactive technology that is used to transmit data between the originating/spoke and distant/hub sites.

(q) Telemental health practitioner means a physician, nurse practitioner in psychiatry, psychologist, mental health counselor, social worker, marriage and family therapist, creative arts therapist, or psychoanalyst as each such term is defined in subdivisions (a), (e), (g), (h), (j), (k), (m) or (o) of this section, who is providing telemental health services from a distant or hub site in accordance with the provisions of this Part.

(r) Telemental health services means the use of two-way real-time interactive audio and video to provide and support clinical psychiatric care at a distance. Such services do not include a telephone conversation, electronic mail message, or facsimile transmission between a provider and a recipient or a consultation between two physicians or nurse practitioners, or other staff, although these activities may support telemental health services.