In psychiatry if reporting time-based psychotherapy services, the time of the attending physician is the time used to select the code.
For psychiatry services that are not time based, the requirement for the presence of the physician may be met if the attending uses a one way mirror or video (not audio) equipment. This concurrent observation for non time based services, such as an initial diagnostic evaluation, is permitted.
The attending must be a physician.
A psychologist may not jointly provide a service with a resident (supervise a resident) and bill for it under the teaching physician rules. Only a psychiatrist may bill for services provided jointly with a resident.
You can read about E/M service rules here.
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