Kentucky Statutes 319C.140 – Patient’s informed consent — Confidentiality of medical information — Administrative regulations governing telehealth services
Current as of: 2024 | Check for updates
|
Other versions
(1) A treating behavior analyst or assistant behavior analyst 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 applied behavior analysis and in the provision of continuing education.
(3) For purposes of this section, “telehealth” means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, treatment, transfer of health or medical data, and continuing education.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 150, sec. 14, effective July 15, 2010.
(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 319C.140
- Applied behavior analysis: means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. See Kentucky Statutes 319C.010
- Board: means the Kentucky Applied Behavior Analysis Licensing Board. See Kentucky Statutes 319C.010
- 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 applied behavior analysis and in the provision of continuing education.
(3) For purposes of this section, “telehealth” means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, treatment, transfer of health or medical data, and continuing education.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 150, sec. 14, effective July 15, 2010.