Arkansas Administrative Code
Agency 007 - Arkansas Department of Health
Division 33 - Division of Health Related Boards and Commissions
Rule 007.33.20-021 - Arkansas Psychology Board Rule Section19, Telesychology
Universal Citation: AR Admin Rules 007.33.20-021
Current through Register Vol. 49, No. 9, September, 2024
SECTION 19. TELEPSYCHOLOGY
19.1
Minimum standards for
establishing psychologist/psychological examiner-patient/client
relationships.
A psychologist/psychological examiner exhibits gross negligence if he provides and/or recommends any form of treatment/service, without first establishing a proper psychologist/psychological examiner-patient/client relationship.
19.1.A. For purposes of
this rule, a proper psychologist/psychological examiner-patient/client
relationship, at a minimum requires that:
19.1.A.(1) The psychologist/psychological
examiner performs a history and an "in person" interview of the patient/client
adequate to establish a diagnosis and identify underlying conditions and/or
contraindications to the treatment/service recommended/provided, OR
19.1.A.(2) The psychologist/psychological
examiner performs a face to face examination using real time audio and visual
telepsychology technology that provides information at least equal to such
information as would have been obtained by an in-person interview; OR
19.1.(3) The psychologist/psychological
examiner personally knows the patient/client and the patient/client's general
health status through an "ongoing" personal or professional
relationship;
19.1.A. (2)
Appropriate follow-up be provided or arranged, when necessary, at necessary
intervals.
19.1.B. For
the purposes of this rule, a proper psychologist/psychological
examiner-patient/client relationship is deemed to exist in the following
situations:
19.1.B.(1) When treatment/service
is provided in consultation with, or upon referral by, another provider who has
an ongoing relationship with the patient/client, and who has agreed to
supervise the patient/client's treatment/service, including follow up care.
19.1.B.(2) On-call or
cross-coverage situations arranged by the patient/client's treating
psychologist/psychological examiner.
19.1.C. Exceptions - Recognizing a
psychologist/psychological examiner's duty to adhere to the applicable standard
of care, the following situations are hereby excluded from the requirement of
this rule:
1. Emergency situations where the
life or health of the patient/client is in danger or imminent danger.
2. Simply providing information of a generic
nature not meant to be specific to an individual patient/client.
19.2
Requirement
for All Services Provided by Providers using Telepsychology
19.2.A. A Patient/client/Provider
relationship must be established in accordance with Rule 19.1 before the
delivery of services via telepsychology. Provider is defined as a person
licensed by the Arkansas Psychology Board who has documented training in
telepsychology. A patient/client completing a history online and forwarding it
to a Provider is not sufficient to establish the relationship, nor does it
qualify as store-and-forward technology.
19.2.B. The following requirements apply to
all services provided by Providers using telepsychology:
19.2.B.(1) The practice of psychology via
telepsychology shall be held to the same standards of care as traditional
in-person encounters.
19.2.B.(2)
The Provider must obtain a detailed explanation of the patient/client's
complaint from the patient/client or the patient/client's treating
Provider.
19.2.B.(3) If a decision
is made to provide treatment/service, the Provider must agree to accept
responsibility for the care of the patient/client.
19.2.B.(4) If follow-up care is indicated,
the Provider must agree to provide or arrange for such follow-up
care.
19.2.B.(5) The Provider must
keep a documented record, including history.
19.2.B.(6) At the patient/client's request,
the Provider must make available to the patient/client an electronic or
hardcopy version of the patient/client's record documenting the encounter.
Additionally, unless the patient/client declines to consent, the Provider must
forward a copy of the record of the encounter to the patient/client's regular
treating Provider if that Provider is not the same one delivering the service
via telepsychology.
19.2.B.(7)
Services must be delivered in a transparent manner with proper informed
consent, including providing access to information identifying the Provider in
advance of the encounter, with licensure and board certifications, as well as
patient/client financial responsibilities.
19.2.B.(8) If the patient/client, at the
recommendation of the Provider, needs to be seen in person for their current
issue, the Provider must arrange to see the patient/client in person or direct
the patient/client to their regular treating Provider or other appropriate
provider if the patient/client does not have a treating Provider. Such
recommendation shall be documented in the patient/client's record.
19.2.B.(9) Providers who deliver services
through telepsychology must establish protocols for referrals for emergency
services.
19.2.B.(10) All Providers
providing care via telepsychology to a patient/client located within the State
of Arkansas shall be licensed to practice psychology in the State of
Arkansas.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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