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

Legislative History

Amended by Act 2021, No. 829,§ 2, eff. 4/21/2021. Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.