Establishment of professional relationship

Ark. Code Ann. § 17-80-403 — under General Provisions.

Ark. Code Ann. § 17-80-403

(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.

(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.

(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) Text messaging;(5) A facsimile machine; or(6) Any combination of means listed in subdivisions (c)(1)-(5) of this section.

(1) An internet questionnaire;

(2) An email message;

(3) Patient-generated medical history;

(4) Text messaging;

(5) A facsimile machine; or

(6) Any combination of means listed in subdivisions (c)(1)-(5) of this section.