(a)

1. (1)

   1. (A) A patient/client–provider relationship must be established in accordance with the Telemedicine Act, Arkansas Code § 17-80-401 et seq., and 17 CAR § 95-1701 before the delivery of services via telepsychology.
   2. (B) “Provider” means a person licensed by the Arkansas Psychology Board who has documented training in telepsychology.
2. (2) A patient/client completing a history online and forwarding it to a provider is not sufficient to establish the relationship, nor does it qualify as store-and-forward technology.

(b) The following requirements apply to all services provided by providers using telepsychology:

1. (1) The practice of psychology via telepsychology shall be held to the same standards of care as traditional in-person encounters;
2. (2) The provider must obtain a detailed explanation of the patient’s/client’s complaint from the patient/client or the patient’s/client’s treating provider;
3. (3) If a decision is made to provide treatment/service, the provider must agree to accept responsibility for the care of the patient/client;
4. (4) If follow-up care is indicated, the provider must agree to provide or arrange for such follow-up care;
5. (5) The provider must keep a documented record, including history;

6. (6)

   1. (A) At the patient’s/client’s request, the provider must make available to the patient/client an electronic or hardcopy version of the patient’s/client’s record documenting the encounter.
   2. (B) Additionally, unless the patient/client declines to consent, the provider must forward a copy of the record of the encounter to the patient’s/client’s regular treating provider if that provider is not the same one delivering the service via telepsychology;
7. (7) Services must be delivered in a transparent manner with proper informed consent, including providing access to information identifying the provider in advance of the encounter, with licensure and board certifications, as well as patient/client financial responsibilities;

8. (8)

   1. (A) If the patient/client, at the recommendation of the provider, needs to be seen in person for their current issue, the provider must arrange to see the patient/client in person or direct the patient/client to their regular treating provider or other appropriate provider if the patient/client does not have a treating provider.
   2. (B) Such recommendation shall be documented in the patient’s/client’s record;
9. (9) Providers who deliver services through telepsychology must establish protocols for referrals for emergency services;

10. (10) All providers providing care via telepsychology to a patient/client located within the State of Arkansas shall be:

    1. (A) Licensed to practice psychology in the State of Arkansas; or
    2. (B) Licensed in a Psypact member state and follow all requirements to practice under Psypact’s Authority to Practice Interjurisdictional Telepsychology; and

11. (11)

    1. (A) Psychologists and psychological examiners may use telepsychology to provide group therapy.
    2. (B) Telepsychology may not be used for group therapy provided to a child who is eighteen (18) years of age or younger.