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17-80-404. Appropriate use of telemedicine.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-80-404. Appropriate use of telemedicine.
(a)(1) A professional relationship shall be established in compliance with § 17-80-403 to provide healthcare services through telemedicine.
(2) Once a professional relationship is established, a healthcare professional may provide healthcare services through telemedicine, including interactive audio, if the healthcare services are within the scope of practice for which the healthcare professional is licensed or certified and the healthcare services otherwise meet the requirements of this subchapter.
(3) A licensing or certification board shall not permit the use of telemedicine in a manner that is less restrictive than the use of telemedicine authorized by the Arkansas State Medical Board.
(b)(1) Regardless of whether the healthcare professional is compensated for the healthcare services, if a healthcare professional seeks to provide healthcare services to a minor through telemedicine in a school setting and the minor is enrolled in the Arkansas Medicaid Program, the healthcare professional shall:
(A) Be the designated primary care provider of the minor;
(B) Have a cross-coverage arrangement with the designated primary care provider of the minor; or
(C) Have authorization from the designated primary care provider of the minor.
(2) If the minor does not have a designated primary care provider, subdivision (b)(1) of this section does not apply.
(3) If a minor is enrolled in a health benefit plan as defined in § 23-79-1601 that is not part of the Arkansas Medicaid Program, the terms and conditions of the health benefit plan shall control.
(4) The designation of a primary care provider for a minor remains the right of a parent or legal guardian in accordance with § 20-9-601 et seq.
(c) Healthcare services pro
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-80-404
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.
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Stable record: arkansas_code:legal_authorities:17-80-404
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6de4772350685e6b5b6dd902a47b7b59ba460ecafafc1bc0c6c94d459ceb94bf
Source location: content.xml paragraph 19438
Stored source content
17-80-404. Appropriate use of telemedicine.
(a)(1) A professional relationship shall be established in compliance with § 17-80-403 to provide healthcare services through telemedicine.
(2) Once a professional relationship is established, a healthcare professional may provide healthcare services through telemedicine, including interactive audio, if the healthcare services are within the scope of practice for which the healthcare professional is licensed or certified and the healthcare services otherwise meet the requirements of this subchapter.
(3) A licensing or certification board shall not permit the use of telemedicine in a manner that is less restrictive than the use of telemedicine authorized by the Arkansas State Medical Board.
(b)(1) Regardless of whether the healthcare professional is compensated for the healthcare services, if a healthcare professional seeks to provide healthcare services to a minor through telemedicine in a school setting and the minor is enrolled in the Arkansas Medicaid Program, the healthcare professional shall:
(A) Be the designated primary care provider of the minor;
(B) Have a cross-coverage arrangement with the designated primary care provider of the minor; or
(C) Have authorization from the designated primary care provider of the minor.
(2) If the minor does not have a designated primary care provider, subdivision (b)(1) of this section does not apply.
(3) If a minor is enrolled in a health benefit plan as defined in § 23-79-1601 that is not part of the Arkansas Medicaid Program, the terms and conditions of the health benefit plan shall control.
(4) The designation of a primary care provider for a minor remains the right of a parent or legal guardian in accordance with § 20-9-601 et seq.
(c) Healthcare services provided by telemedicine, including without limitation a prescription through telemedicine, shall be held to the same standard of care as healthcare services provided in person.
(d)(1) A healthcare professional who is treating patients in Arkansas through telemedicine shall be fully licensed or certified to practice in Arkansas and is subject to the rules of the appropriate state licensing or certification board.
(2) The requirement in subdivision (d)(1) of this section does not apply to the acts of a healthcare professional located in another jurisdiction who provides only episodic consultation services.
(e) A healthcare professional shall follow applicable state and federal law, rules, and regulations for:
(1) Informed consent;
(2) Privacy of individually identifiable health information;
(3) Medical recordkeeping and confidentiality; and
(4) Fraud and abuse.
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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. The source passage cites 17-80-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-601. Definition.
(a) As used in this subchapter, “of unsound mind” means the inability to perceive all relevant facts related to one's condition and proposed treatment so as to make an intelligent decision based thereon, whether or not the inability is:
(1) Only temporary, has existed for an extended period of time, or occurs or has occurred only intermittently; or
(2) Due to natural state, age, shock or anxiety, illness, injury, drugs or sedation, intoxication, or other cause of whatever nature.
(b) An individual shall not be considered to be of unsound mind based solely upon his or her refusal of medical care or treatment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-601
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 20-9-601. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-1601. Definitions.
As used in this subchapter:
(1) “Distant site” means the location of the healthcare professional delivering healthcare services through telemedicine at the time the services are provided;
(2)(A) “Health benefit plan” means:
(i) An individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by an insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state; and
(ii) Any health benefit program receiving state or federal appropriations from the State of Arkansas, including the Arkansas Medicaid Program, the Health Care Independence Program [expired], commonly referred to as the “Private Option”, and the Arkansas Works Program, or any successor program.
(B) “Health benefit plan” includes:
(i) Indemnity and managed care plans; and
(ii) Nonfederal governmental plans as defined in 29 U.S.C. § 1002(32), as it existed on January 1, 2015.
(C) “Health benefit plan” does not include:
(i) Disability income plans;
(ii) Credit insurance plans;
(iii) Insurance coverage issued as a supplement to liability insurance;
(iv) Medical payments under automobile or homeowners insurance plans;
(v) Health benefit plans provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., or the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;
(vi) Plans that provide only indemnity for hospital confinement;
(vii) Accident-only plans;
(viii) Specified disease plans; or
(ix) Long-term-care-only plans;
(3) “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 t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-1601
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 23-79-1601. This identifies an authority to review, not proof of applicability.