Arkansas Administrative Code
Agency 060 - STATE MEDICAL BOARD
Rule 060.00.16-005 - Regulation 38: Telemedicine
Universal Citation: AR Admin Rules 060.00.16-005
Current through Register Vol. 49, No. 2, February 2024
Requirement for all services provided by physicians using telemedicine:
1. A physician-patient relationship must be established in accordance with Regulation 2.8 before the delivery of services via telemedicine. A patient completing a medical history online and forwarding it to a physician is not sufficient to establish the relationship, nor does it qualify as store-and-forward technology.
2. The following requirements apply to all services provided by physicians using telemedicine:
A. The practice of medicine via
telemedicine shall be held to the same standards of care as traditional
in-person encounters.
B. The
physician must obtain a detailed explanation of the patient's complaint from
the patient or the patient's treating physician.
C. If a decision is made to provide
treatment, the physician must agree to accept responsibility for the care of
the patient.
D. If follow-up care
is indicated, the physician must agree to provide or arrange for such follow-up
care.
E. A physician using
telemedicine may NOT issue a prescription for any controlled substances defined
as any scheduled medication under schedules II through V unless the physician
has seen the patient for an in-person exam or unless a relationship exists
through consultation or referral; on-call or cross-coverage situations; or
through an ongoing personal or professional relationship.
F. The physician must keep a documented
medical record, including medical history.
G. At the patient's request, the physician
must make available to the patient an electronic or hardcopy version of the
patient's medical record documenting the encounter. Additionally, unless the
patient declines to consent, the physician must forward a copy of the record of
the encounter to the patient's regular treating physician if that physician is
not the same one delivering the service via telemedicine.
H. Services must be delivered in a
transparent manner, including providing access to information identifying the
physician in advance of the encounter, with licensure and board certifications,
as well as patient financial responsibilities.
I. If the patient, at the recommendation of
the physician, needs to be seen in person for their current medical issue, the
physician must arrange to see the patient in person or direct the patient to
their regular treating physician or other appropriate provider if the patient
does not have a treating physician. Such recommendation shall be documented in
the patient's medical record.
J.
Physicians who deliver services through telemedicine must establish protocols
for referrals for emergency services.
K. All physicians providing care via
telemedicine to a patient located within the State of Arkansas shall be
licensed to practice medicine 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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