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The Arkansas State Medical Board on Thursday voted unanimously, for a second time, to pass Regulation 38 establishing key definitions for "store and forward technology" and "originating site." These new definitions would permit doctors to conduct patient examinations via telemedicine regardless of where the patient is located. Arkansas' current rules require the patient to be at a qualifying "originating site" (i.e., a health care professional office or facility) to enjoy the benefits of telemedicine. Once Regulation 38 goes into effect, doctors would be able to conduct telemedicine examinations when the patient is located at his or her home.
As we reported in August, the Medical Board already approved proposed Regulation 38 and Regulation No. 2(8) (allowing a doctor to establish a valid relationship with a patient, without the need for an in-person exam, if the doctor "performs 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"). However, in August, the Arkansas Legislature's Rules and Regulations subcommittee voted to approve Regulation 2.8 but sent Regulation 38 back to the Medical Board for a new public-comment hearing.
Regulation 38 will now go back to the Rules and Regulations subcommittee. If lawmakers approve it, the rule will become effective 10 days after it is sent to Arkansas' secretary of state's office.
We will continue to monitor Arkansas for any changes that affect or improve telemedicine opportunities in the state.
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