Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
211.332,
211.334,
211.335,
211.336,
320.210,
320.300,
320.390,
367.680-367.690,
42 U.S.C. secs.
1320d to
1320d-9,
12101 et. seq.
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
320.390(2) requires the
Board of Optometric Examiners to promulgate administrative regulations to
prevent abuse and fraud through the use of telehealth services, prevent
fee-splitting through the use of telehealth services, and utilize telehealth in
the provision of optometric services and in the provision of continuing
education. KRS
211.336 establishes requirements for a state
agency that promulgates administrative regulations relating to telehealth. This
administrative regulation establishes requirements for the use of telehealth
services.
Section 1. Definitions.
(1) "Doctor of Optometry" means an individual
licensed by the Kentucky Board of Optometric Examiners to engage in the
practice of optometry.
(2)
"Patient" means the person receiving services or items from a doctor of
optometry.
(3) "Practice of
optometry" is defined by
KRS
320.210(2).
(4) "Telehealth" is defined by
KRS
211.332(5) and
320.390(3).
Section 2. Communication and
Informed Consent Requirements.
(1) All
telehealth services by a doctor of optometry shall be conducted:
(a) By a doctor of optometry to a patient or
to another health care provider at a different location; and
(b) Over secure telecommunication
technologies, including technologies such as synchronous and asynchronous
technology, remote patient monitoring technology, and audio-only
encounters.
(2) Prior to
the delivery of telehealth services, a doctor of optometry shall obtain the
informed consent of the patient or obtain the consent by another appropriate
person with authority to make the health care treatment decision for the
patient such as the legal guardian or medical power of attorney.
(a) Informed consent by a patient may be
provided in writing, verbally acknowledged, or electronically
submitted.
(b) The informed consent
shall include an acknowledgment of the risks and limitations of telehealth
services.
Section
3. Jurisdictional Considerations.
(1) A doctor of optometry licensed by the
Kentucky Board of Optometric Examiners may provide telehealth services in the
practice of optometry:
(a) To a person who is
a permanent resident of Kentucky if the person is located in
Kentucky;
(b) To a person who is a
permanent resident of Kentucky if the person is temporarily located outside of
Kentucky; or
(c) To a person who is
not a permanent resident of Kentucky if the person is temporarily located in
Kentucky.
(2) A doctor
of optometry licensed by the Kentucky Board of Optometric Examiners may provide
telehealth services if the doctor of optometry is not physically located in
Kentucky to a permanent resident of Kentucky.
(3) A doctor of optometry licensed by the
Kentucky Board of Optometric Examiners may establish a doctor-patient
relationship using telehealth and digital technologies.
Section 4. Representation of Services and
Code of Conduct.
(1) A doctor of optometry
shall not engage in false, misleading, or deceptive advertising.
(2) An advertisement for telehealth services
shall comply with
201 KAR 5:002, Section
2.
(3) Evaluation, treatment, and
consultation recommendations by a doctor of optometry via telehealth shall be
held to the same standards of appropriate practice as those in traditional
in-person clinical settings and established in
201 KAR 5:002, Section
3.
(4) A doctor of optometry
providing optometry services via telehealth shall:
(a) Verify the identity of the patient before
telehealth services are performed;
(b) Collect and review a patient's medical
history;
(c) Provide any applicable
accommodations required by the Federal Americans with Disabilities Act,
42 U.S.C. secs.
12101 et seq., as amended;
(d) Maintain patient privacy and security in
accordance with applicable state and federal law;
(e) Gather and transmit protected health
information in compliance with the federal Health Insurance Portability and
Accountability Act of 1996, as amended,
42 U.S.C. secs.
1320d to
1320d-9;
(f) Document and maintain a record of the
patient's presenting problem or purpose for the telehealth service, including
the diagnosis or treatment and include which services were provided by
telehealth;
(g) Perform telehealth
services with a recognized Current Procedural Terminology Code maintained by
the American Medical Association, if applicable;
(h) Secure all required credentialing for
reimbursement of telehealth services; and
(i) Obtain privileges if required by
hospitals or facilities to admit and treat patients.
(5) An optometrist providing telehealth
services shall not split fees in accordance with
KRS
320.300(3);
(6) Prescriptions for controlled substances
shall not be made via telehealth by a doctor of optometry.
(7) A contact lens or visual aid glasses
prescription issued through telehealth shall include the requirements
established in the Kentucky Consumer Protection in Eye Care Act,
KRS
367.680 to
367.690.
Section 5. Utilization of Telehealth in
Provision of Continuing Education. Credit for telehealth educational
presentations shall be granted in accordance with
201 KAR 5:030.
STATUTORY AUTHORITY:
KRS
211.332,
211.336,
320.390(2)
