Browse Arkansas Code titles and sections
17-80-403. Establishment of professional relationship.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-80-403. Establishment of professional relationship.
(a)(1) A healthcare professional at a distant site shall not utilize telemedicine with respect to a patient located in Arkansas unless a professional relationship exists between the healthcare professional and the patient or the healthcare professional otherwise meets the requirements of a professional relationship as defined in § 17-80-402.
(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 § 17-80-402(4)(E) or § 17-80-402(4)(F), telemedicine 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 healthcare professional and a patient established only by the following:
(1) An internet questionnaire;
(2) An email message;
(3) Patient-generated medical history;
(4) Audio-only communication, including without limitation interactive audio;
(5) Text messaging;
(6) A facsimile machine; or
(7) Any combination thereof.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-80-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:17-80-403
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bca35b279368787bf91c1def7a528d11d093628339c2daaa65bbb36bfdb38e67
Source location: content.xml paragraph 19421
Stored source content
17-80-403. Establishment of professional relationship.
(a)(1) A healthcare professional at a distant site shall not utilize telemedicine with respect to a patient located in Arkansas unless a professional relationship exists between the healthcare professional and the patient or the healthcare professional otherwise meets the requirements of a professional relationship as defined in § 17-80-402.
(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 § 17-80-402(4)(E) or § 17-80-402(4)(F), telemedicine 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 healthcare professional and a patient established only by the following:
(1) An internet questionnaire;
(2) An email message;
(3) Patient-generated medical history;
(4) Audio-only communication, including without limitation interactive audio;
(5) Text messaging;
(6) A facsimile machine; or
(7) Any combination thereof.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-80-402. Definitions.
As used in this subchapter:
(1) “Distant site” means the location of the healthcare professional delivering services through telemedicine at the time the services are provided;
(2) “Healthcare professional” means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;
(3) “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 telemedicine;
(4) “Professional relationship” means at minimum a relationship established between a healthcare professional and a patient when:
(A) The healthcare professional has previously conducted an in-person examination and is available to provide appropriate follow-up care, when necessary, at medically necessary intervals;
(B) The healthcare professional 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 healthcare professional in consultation with, or upon referral by, another healthcare professional who has an ongoing 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 jurisdicti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-80-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-80-402. This identifies an authority to review, not proof of applicability.