(a)
(1) A healthcare professional at a distant site shall not utilize telemedicine with respect to a patient located in Arkansas unless a professional relationship exists between the healthcare professional and the patient or the healthcare professional otherwise meets the requirements of a professional relationship as defined in § 17-80-402.
(2) The existence of a professional relationship is not required in the following circumstances:
(A) Emergency situations where the life or health of the patient is in danger or imminent danger; or
(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 § 17-80-402(4)(E) or § 17-80-402(4)(F), telemedicine 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 healthcare professional and a patient established only by the following:
(1) An internet questionnaire;
(2) An email message;
(3) Patient-generated medical history;
(4) Audio-only communication, including without limitation interactive audio;
(5) Text messaging;
(6) A facsimile machine; or
(7) Any combination thereof.