Arkansas Administrative Code
Agency 007 - Arkansas Department of Health
Division 33 - Division of Health Related Boards and Commissions
Rule 007.33.22-017 - State board of Physical therapy Telehealth Rule
Universal Citation: AR Admin Rules 007.33.22-017
Current through Register Vol. 49, No. 9, September, 2024
Pursuant to the Arkansas Telemedicine Act, Ark.Code Ann. §§ 17-80-401 et seq., this rule applies to the provision of services via telehealth by physical therapists and physical therapist assistants when acting within their respective scopes of practice.
I. Definitions
As used in this rule:
(1) "Distant site" means the location of the
licensee delivering services through telemedicine at the time the services are
provided;
(2) "Healthcare
professional" has the same meaning as in Ark. Code Ann. §
17-80-402(2)
of the Telemedicine Act.
(3)
"Licensee" means a physical therapist or physical therapist assistant licensed
by the Arkansas State Board of Physical Therapy;
(4)
(A)
"Originating site" means a site at which a patient is located at the time
healthcare services are provided to him or her by means of
telehealth.
(B) "Originating site"
includes the home of a patient;
(5) "Professional relationship" means at a
minimum a relationship established between a licensee and a patient when:
(A) The licensee has previously conducted an
in-person examination of the patient and is available to provide appropriate
follow-up care, when necessary, at medically necessary intervals;
(B) The licensee 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 licensee
in consultation with, or upon referral by, another healthcare professional who
has an ongoing professional 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 or another
healthcare professional who has established a professional relationship with
the patient;
(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)
(i) The licensee has access to a patient's
personal health record maintained by a licensee and uses any technology deemed
appropriate by the licensee, including the telephone, with a patient located in
Arkansas to diagnose and treat the patient.
(ii) For purposes of this rule, a health
record may be created with the use of telehealth and consists of relevant
clinical information required to treat a patient, and is reviewed by the
licensee who meets the same standard of care for a telehealth visit as an
in-person visit;
(6) "Remote patient monitoring" means the use
of synchronous or asynchronous electronic information and communication
technology to collect personal health information and medical data from a
patient at an originating site that is transmitted to a licensee at a distant
site for use in the treatment and management of medical conditions that require
frequent monitoring:
(7)
"Store-and-forward technology" means the asynchronous transmission of a
patient's medical information from a healthcare professional at an originating
site to a healthcare professional at a distant site; and
(8)
(A)
"Telehealth" means the use of electronic information and communication
technology to deliver healthcare services, including without limitation the
assessment, diagnosis, consultation, treatment, education, care management, and
self-management of a patient.
(B)
"Telehealth" includes store-and-forward technology and remote patient
monitoring.
II. Establishment of professional relationship
(a)
(1) A
licensee at a distant site shall not utilize telehealth with respect to a
patient located in Arkansas unless a professional relationship exists between
the licensee and the patient or the licensee otherwise meets the requirements
of a professional relationship as defined in Section I.(5) of this
rule.
(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.
(b) If the establishment of the
professional relationship is permitted via telemedicine under Section l.(5)(E)
of this rule, telehealth may be used to establish the professional relationship
only for situations in which the standard of care does not require an in-person
encounter.
(c) "Professional
relationship" does not include a relationship between a licensee and a patient
established only by the following:
(1) An
internet questionnaire;
(2) An
email message;
(3)
Patient-generated medical history:
(4) Text messaging;
(5) A facsimile machine; or
(6) Any combination of means listed in
subdivisions (c)(1)-(5) of this section.
III. Requirement for all services provided by licensees using telehealth:
1. A professional relationship shall be
established in compliance with this rule to provide physical therapy services
through teiehealth.
2. Once a
professional relationship is established, a licensee may provide healthcare
services through telehealth, including interactive audio, if the healthcare
services are within the physical therapy scope of practice.
3. The practice of physical therapy via
telehealth shall be held to the same standards of care as traditional in-person
encounters.
4. All licensees
providing care via telemedicine to a patient located within the State of
Arkansas shall be licensed to practice physical therapy in the State of
Arkansas.
5. Licensees utilizing
teiehealth must follow applicable state/federal laws regarding informed
consent, Hi PAA, medical records and confidentiality, and
fraud/waste/abuse.
6. if a decision
is made to provide physical therapy through teiehealth, the physical therapist
accepts responsibility and liability for the care of the patient.
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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