(b) For purposes of this part, a proper psychologist/psychological examiner–patient/client relationship, at a minimum requires that:

1. (1) The psychologist/psychological examiner:

   1. (A) Performs a history and an “in person” interview of the patient/client adequate to establish a diagnosis and identify underlying conditions and/or contraindications to the treatment/service recommended/provided;
   2. (B) Has access to a patient’s/client’s personal health record, as defined by the Telemedicine Act, Arkansas Code § 17-80-401 et seq., maintained by a psychologist/psychological examiner and uses any technology deemed appropriate by the psychologist/psychological examiner, including the telephone, with a patient/client located in Arkansas to diagnose or treat the patient/client; or
   3. (C) The psychologist/psychological examiner personally knows the patient/client and the patient’s/client’s general health status through an “ongoing” personal or professional relationship; and
2. (2) Appropriate follow-up be provided or arranged, when necessary, at necessary intervals.

(c) For the purposes of this part, a proper psychologist/psychological examiner–patient/client relationship is deemed to exist in the following situations:

1. (1) When treatment/service is provided in consultation with, or upon referral by, another provider who has:

   1. (A) An ongoing relationship with the patient/client; and
   2. (B) Agreed to supervise the patient’s/client’s treatment/service, including follow-up care; and
2. (2) On-call or cross-coverage situations arranged by the patient’s/client’s treating psychologist/psychological examiner.

(d) Exceptions. Recognizing a psychologist’s/psychological examiner's duty to adhere to the applicable standard of care, the following situations are hereby excluded from the requirement of this section:

1. (1) Emergency situations where the life or health of the patient/client is in danger or imminent danger; and
2. (2) Simply providing information of a generic nature not meant to be specific to an individual patient/client.