Kentucky Statutes 311.5975 – Duty of treating physician utilizing telehealth to insure patient’s informed consent and maintain confidentiality — Board to promulgate administrative regulations
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(1) A treating physician who provides or facilitates the use of telehealth shall ensure:
(a) That the informed consent of the patient, or another appropriate person with authority to make the health care treatment decision for the patient, is obtained before services are provided through telehealth; and
(b) That the confidentiality of the patient’s medical information is maintained as required by this chapter and other applicable law. At a minimum, confidentiality shall be maintained through appropriate processes, practices, and technology as designated by the board and that conform to applicable federal law.
(2) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section and as necessary to:
(a) Prevent abuse and fraud through the use of telehealth services; (b) Prevent fee-splitting through the use of telehealth services; and
(c) Utilize telehealth in the provision of medical services and in the provision of continuing medical education.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 376, sec. 9, effective July 14, 2000.
(a) That the informed consent of the patient, or another appropriate person with authority to make the health care treatment decision for the patient, is obtained before services are provided through telehealth; and
Terms Used In Kentucky Statutes 311.5975
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fraud: Intentional deception resulting in injury to another.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(b) That the confidentiality of the patient’s medical information is maintained as required by this chapter and other applicable law. At a minimum, confidentiality shall be maintained through appropriate processes, practices, and technology as designated by the board and that conform to applicable federal law.
(2) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section and as necessary to:
(a) Prevent abuse and fraud through the use of telehealth services; (b) Prevent fee-splitting through the use of telehealth services; and
(c) Utilize telehealth in the provision of medical services and in the provision of continuing medical education.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 376, sec. 9, effective July 14, 2000.