Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
314.155
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
314.131(1) authorizes the
board to promulgate administrative regulations necessary to carry out the
provisions of KRS Chapter 314.
KRS
314.155(2) requires the
board to promulgate administrative regulations regarding telehealth, including
preventing abuse and fraud through the use of telehealth services, preventing
fee-splitting through the use of telehealth services, and utilizing telehealth
in the provision of nursing services and in the provision of continuing
education. This administrative regulation establishes the requirements
governing the use of telehealth.
Section
1. Definitions.
(1) "Board" is
defined by KRS
314.011(1).
(2) "Nurse" means a licensed practical nurse
as defined by KRS
314.011(9), a registered
nurse as defined by KRS 314.011(5),
or an advanced practice registered nurse as defined by
KRS
314.011(7).
(3) "Telehealth" is defined by
KRS
314.155(3).
Section 2. Jurisdictional
Considerations. A nurse providing nursing services via telehealth to a person
physically located in Kentucky shall be licensed by the board or hold a
privilege to practice pursuant to
KRS
314.475.
Section 3. Representation of Services and
Code of Conduct. A nurse using telehealth to deliver services shall not:
(1) Engage in false, misleading, or deceptive
advertising; or
(2) Split
fees.
Section 4. Initial
Communication Requirements. A nurse using telehealth to deliver nursing
services shall, upon initial contact with the patient:
(1) Make attempts to verify the identity of
the patient;
(2) Obtain alternative
means of contacting the patient other than electronically such as by use of a
telephone number or mailing address;
(3) Provide to the patient alternative means
of contacting the nurse other than electronically such as by use of a telephone
number or mailing address; and
(4)
Provide contact methods of alternative communication the nurse shall use for
emergency purposes such as an emergency on call telephone number.
Section 5. Limits on Practice,
Informed Consent, Maintenance, and Retention of Records. A nurse using
telehealth to deliver nursing services shall:
(1) Be responsible for determining and
documenting that telehealth is appropriate for the patient;
(2) Document which services were provided by
telehealth;
(3) Use secure
communications with each patient, including encrypted text messages, via e-mail
or secure Web sites, and not use personal identifying information in non-secure
communications;
(4) Ensure that
confidential communications obtained and stored electronically cannot be
recovered and accessed by unauthorized persons when the nurse disposes of
electronic equipment and data; and
(5) Inform the patient and document
acknowledgement of the risk and limitations of:
(a) The use of telehealth in the provision of
nursing;
(b) The potential breach
of confidentiality, or inadvertent access, of protected health information
using telehealth in the provision of nursing;
(c) The potential disruption of electronic
communication in the use of telehealth;
(d) When and how the nurse will respond to
routine electronic messages;
(e)
The circumstances in which the nurse will use alternative communications for
emergency purposes;
(f) Others who
may have access to patient communications with the nurse;
(g) How communications shall be directed to a
specific nurse;
(h) How the nurse
stores electronic communications from the patient; and
(i) Whether the nurse or patient may elect to
discontinue the provision of services through telehealth.
Section 6. Utilization of
Telehealth in Provision of Continuing Education. Providers approved pursuant to
201 KAR 20:220 may utilize
telehealth in the provision of continuing education courses.
STATUTORY AUTHORITY:
KRS
314.131,
314.155
