- with readers working within the Healthcare industries
The Arkansas State Medical Board, following the release of its
draft telemedicine proposal last November,
recently proposed to amend its regulations to allow for a
physician–patient relationship to be established via
telemedicine. Specifically, on April 27, 2016, the medical board
proposed to revise its Regulation 2 to allow for a proper
physician–patient relationship to be established by a
"face to face examination using real time audio and visual
telemedicine technology that provides information at least equal to
such information as would have been obtained by an in-person
examination." In addition, the board proposed a new Regulation 38, which would create standards
for telemedicine practice in the state. Specific requirements
include, among other things, that: (i) telemedicine services are
held to the same standard of care as in-person services; (ii) the
physician agrees to provide or arrange for follow-up care if
indicated; (iii) the physician refrains from issuing a prescription
for a controlled substance unless certain additional requirements
are met; (iv) the physician must make available to the patient the
patient's medical record documenting the encounter upon
request; (v) in advance of the encounter, the patient must have
access to information regarding the identity of the physician,
licensure and board certifications, and patient financial
responsibilities; and (vi) the physician has established protocols
for referrals for emergency services. Regulation 38 also clarifies
that while use of store-and-forward technology, such as X-rays,
MRIs, and digital images, is permitted, a patient completing a
medical history online and forwarding it to a physician does not
qualify as store-and-forward technology.
Under the current statute, an in-person examination is generally
required for a valid patient–physician relationship; as such,
these actions by the Medical Board could significantly expand the
current options for compliant telemedicine services within
Arkansas. The Medical Board conducted a public hearing involving
the proposed amendments on June 9, 2016, at 8:30 a.m.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
