Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 80 - GENERAL PROVISIONS (§§ 17-80-101 — 17-80-506) › Subchapter 4 - TELEMEDICINE ACT (§§ 17-80-401 — 17-80-407) › Section 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.
(f)
(1)
A healthcare professional may use telemedicine to perform group meetings for healthcare services, including group therapy.
(2)
Telemedicine for group therapy provided to adults who are participants in a program or plan authorized and funded under
42 U.S.C. § 1396a
, as approved by the United States Secretary of Health and Human Services, may only be permitted if the Centers for Medicare & Medicaid Services allows telemedicine for group therapy provided to adults.
(3)
Telemedicine shall not be used for group therapy provided to a child who is eighteen (18) years of age or younger.
Amended by Act 2021, No. 767,§ 2, eff. 7/28/2021.
Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.