(a) As used in this section:
(1) "Distant site" means the location of the healthcare professional delivering services through telemedicine at the time the services are provided;
(2) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;
(3) "Originating site" means:
(A) The offices of a healthcare professional or a licensed healthcare entity where the patient is located at the time services are provided by a healthcare professional through telemedicine; and
(B) The home of a patient in connection with treatment for end-stage renal disease;
(4) "Professional relationship" means at minimum a relationship established between a healthcare professional and a patient when:
(A) The healthcare professional has previously conducted an in-person examination and is available to provide appropriate follow-up care, when necessary, at medically necessary intervals;
(B) The healthcare professional personally knows the patient and the patient's relevant health status through an ongoing personal or professional relationship and is available to provide appropriate follow-up care, when necessary, at medically necessary intervals;
(C) The treatment is provided by a healthcare professional in consultation with, or upon referral by, another healthcare professional who has an ongoing relationship with the patient and who has agreed to supervise the patient's treatment, including follow-up care;
(D) An on-call or cross-coverage arrangement exists with the patient's regular treating healthcare professional;
(E) A relationship exists in other circumstances as defined by rule of the Arkansas State Medical Board for healthcare professionals under its jurisdiction and their patients; or
(F) A relationship exists in other circumstances as defined by rule of a licensing or certification board for other healthcare professionals under the jurisdiction of the appropriate board and their patients if the rules are no less restrictive than the rules of the Arkansas State Medical Board;
(5) "Store and forward technology" means the transmission of a patient's medical information from an originating site to the provider at the distant site without the patient being present; and
(6) "Telemedicine" means the medium of delivering clinical healthcare services by means of real-time two-way electronic audio-visual communications, including without limitation the application of secure video conferencing, to provide or support healthcare delivery that facilitates the assessment, diagnosis, consultation, or treatment of a patient's health care while the patient is at an originating site and the healthcare professional is at a distant site.
(b) (1) The standards of appropriate practice in traditional healthcare professional-patient settings shall govern the licensed healthcare professional's treatment recommendations made via electronic means, including issuing a prescription via telemedicine.
(2) This section does not alter existing state law or rules governing a healthcare professional's scope of practice.
(3) This section does not authorize drug-induced, chemical, or surgical abortions performed through telemedicine.
(4) (A) Store and forward technology shall not be considered telemedicine.
(B) This subchapter does not restrict the use of store and forward technology.
(c) A healthcare professional shall follow applicable state and federal law, rules, and regulations for:
(1) Informed consent;
(2) Privacy of individually identifiable health information;
(3) Medical recordkeeping and confidentiality; and
(4) Fraud and abuse.
(d) (1) A healthcare professional who is treating patients in Arkansas through telemedicine shall be fully licensed or certified to practice in Arkansas and is subject to the rules of the appropriate state licensing or certification board.
(2) The requirement in subdivision (d)(1) of this section does not apply to the acts of a healthcare professional located in another jurisdiction who provides only episodic consultation services.
(e) (1) A healthcare professional at a distant site shall not utilize telemedicine with respect to a patient located in Arkansas unless a professional relationship exists between the healthcare professional and the patient or the healthcare professional otherwise meets the requirements of professional relationship as defined in ยง 17-80-118(a)(4).
(2) The existence of a professional relationship is not required in the following circumstances:
(A) Emergency situations where the life or health of the patient is in danger or imminent danger; or
(B) Simply providing information of a generic nature, not meant to be specific to an individual patient.
(f) State licensing and certification boards for a healthcare professional shall amend their rules where necessary to comply with this section.
Section: Previous 17-80-106 17-80-107 17-80-108 17-80-109 17-80-110 17-80-111 17-80-112 17-80-113 17-80-114 17-80-115 17-80-116 17-80-117 17-80-118 17-80-119 NextLast modified: November 15, 2016