(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 ip 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.Amended by Act 2021, No. 829,§ 2, eff. 4/21/2021.Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.
Arkansas Legal Code