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 17-80-402 - 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)
(A)
"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.
(B)
"Originating site" includes the home of a patient;
(4)
"Professional relationship" means at a minimum a relationship established between a healthcare professional and a patient when:
(A)
The healthcare professional has previously conducted an in-person examination of the patient 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 professional 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)
(i)
A relationship exists in other circumstances as defined by rule of the Arkansas State Medical Board for healthcare professionals under its jurisdiction and their patients.
(ii)
A relationship established under rules of the Arkansas State Medical Board may be utilized for telehealth certification;
(F)
A relationship exists in other circumstances as defined by rule of a licensing or certification board for other healthcare professionals under the jurisdiction of the appropriate board and their patients if the rules are no less restrictive than the rules of the Arkansas State Medical Board; or
(G)
(i)
The healthcare professional who is licensed in Arkansas has access to a patient's personal health record maintained by a healthcare professional and uses any technology deemed appropriate by the healthcare professional, including the telephone, with a patient located in Arkansas to diagnose, treat, and if clinically appropriate, prescribe a noncontrolled drug to the patient.
(ii)
For purposes of this subchapter, a health record may be created with the use of telemedicine and consists of relevant clinical information required to treat a patient, and is reviewed by the healthcare professional who meets the same standard of care for a telemedicine visit as an in-person visit;
(5)
"Remote patient monitoring" means the use of synchronous or asynchronous electronic information and communication technology to collect personal health information and medical data from a patient at an originating site that is transmitted to a healthcare professional at a distant site for use in the treatment and management of medical conditions that require frequent monitoring;
(6)
"Store-and-forward technology" means the asynchronous transmission of a patient's medical information from a healthcare professional at an originating site to a healthcare professional at a distant site;
(7)
"Telehealth certification" means the electronic assessment of a patient by a practitioner in connection with an application for a registry identification card under § 5 of the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; and
(8)
(A)
"Telemedicine" means the use of electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient.
(B)
"Telemedicine" includes store-and-forward technology and remote patient monitoring.
(C)
"Telemedicine" does not include the use of audio-only electronic technology by a physician to renew a written certification that was previously issued to the same patient.
Amended by Act 2021, No. 1112,§ 3, eff. 7/28/2021.
Amended by Act 2021, No. 1112,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 1112,§ 1, eff. 7/28/2021.
Amended by Act 2021, No. 767,§ 1, eff. 7/28/2021.
Amended by Act 2021, No. 829,§ 1, eff. 4/21/2021.
Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.