17 CAR § 176-103 – Establishment of professional relationship

(a)
1. (1) A licensee at a distant site shall not utilize telehealth with respect to a patient located in Arkansas unless a professional relationship exists between the licensee and the patient or the licensee otherwise meets the requirements of a professional relationship as defined in 17 CAR § 176-102(5).
2. (2) The existence of a professional relationship is not required in the following circumstances:
  1. (A) Emergency situations where the life or health of the patient is in danger or imminent danger; or
  2. (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 CAR § 176-102(5)(E), telehealth 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 licensee and a patient established only by the following:
1. (1) An internet questionnaire;
2. (2) An email message;
3. (3) Patient-generated medical history;
4. (4) Text messaging;
5. (5) A facsimile machine; or
6. (6) Any combination of means listed in subdivisions (c)(1) – (5) of this section.