Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.17-005 - Amendment to Regulation 38

Current through Register Vol. 49, No. 6, June, 2024
TELEMEDICINE
Requirement for all services provided by physicians using
			 telemedicine:
1. A
		  physician-patient or physician assistant/patient relationship must be
		  established in accordance with Regulation 2.8 before the delivery of services
		  via telemedicine. A patient completing a medical history online and forwarding
		  it to a physician or physician assistant is not sufficient to establish the
		  relationship, nor does it qualify as store-and-forward technology.
2. The following requirements apply to all
		  services provided by physicians or physician assistants using telemedicine:
A. The practice of medicine via telemedicine
		  shall be held to the same standards of care as traditional in-person
		  encounters.
B. The physician or
		  physician assistant must obtain a detailed explanation of the patient's
		  complaint from the patient or the patient's treating physician or physician
		  assistant.
C. If a decision is made
		  to provide treatment, the physician or physician assistant must agree to accept
		  responsibility for the care of the patient.
D. If follow-up care is indicated, the
		  physician or physician assistant must agree to provide or arrange for such
		  follow-up care.
E. A physician or
		  physician assistant using telemedicine may NOT issue a prescription for any
		  controlled substances defined as any scheduled medication under schedules II
		  through V unless the physician or physician assistant has seen the patient for
		  an in-person exam or unless a relationship exists through consultation or
		  referral; on-call or cross-coverage situations; or through an ongoing personal
		  or professional relationship.
F.
		  The physician or physician assistant must keep a documented medical record,
		  including medical history.
G. At
		  the patient's request, the physician or physician assistant must make available
		  to the patient an electronic or hardcopy version of the patient's medical
		  record documenting the encounter. Additionally, unless the patient declines to
		  consent, the physician or physician assistant must forward a copy of the record
		  of the encounter to the patient's regular treating physician or physician
		  assistant if that physician or physician assistant is not the same one
		  delivering the service via telemedicine.
H. Services must be delivered in a
		  transparent manner, including providing access to information identifying the
		  physician or physician assistant in advance of the encounter, with licensure
		  and board certifications, as well as patient financial
		  responsibilities.
I. If the
		  patient, at the recommendation of the physician or physician assistant, needs
		  to be seen in person for their current medical issue, the physician or
		  physician assistant must arrange to see the patient in person or direct the
		  patient to their regular treating physician or physician assistant or other
		  appropriate provider if the patient does not have a treating physician or
		  physician assistant. Such recommendation shall be documented in the patient's
		  medical record.
J. Physicians or
		  physician assistants who deliver services through telemedicine must establish
		  protocols for referrals for emergency services.
K. All physicians or physician assistants
		  providing care via telemedicine to a patient located within the State of
		  Arkansas shall be licensed to practice medicine in the State of
		  Arkansas.
L. A physician shall not
		  issue a written medical marijuana certification to a patient based on an
		  assessment performed through telemedicine.