KRS 211.332: Definitions for KRS 211.332 to 211.338.

As used in KRS 211.332 to 211.338, unless context otherwise requires:

(1) "Cabinet" means the Cabinet for Health and Family Services;

(2) "Health care service" means health care procedures, treatments, or services rendered

by a provider within the scope of practice for which the provider is licensed or

certified and includes physical and behavioral health care;

(3) "Professional licensure board" means a licensure board established in Kentucky for

the purpose of regulating and overseeing the practice of heal th care providers,

including but not limited to:

(a) Board of Physical Therapy as established in KRS 327.030;

(b) Kentucky Applied Behavior Analysis Licensing Board as established in KRS

319C.030;

(c) Kentucky Board of Alcohol and Drug Counselors establish ed by KRS

309.081;

(d) Kentucky State Board of Chiropractic Examiners established by KRS

312.025;

(e) Kentucky Board of Dentistry established by KRS 313.020;

(f) Kentucky Board of Emergency Medical Services established by KRS

311A.015;

(g) Kentucky Board of Examiners of Psychology established by KRS 319.020;

(h) Kentucky Board of Licensed Diabetes Educators established by KRS 309.329;

(i) Kentucky Board of Licensed Professional Counselors established by KRS

335.510;

(j) Kentucky Board of Licensure and Certification for Dietitians and Nutritionists

established by KRS 310.040;

(k) Kentucky Board of Licensure for Marriage and Family Therapists established

by KRS 335.310;

(l) Kentucky Board of Licensure for Occupational Thera py established by KRS

319A.020;

(m) Kentucky Board of Licensure for Professional Art Therapists established by

KRS 309.131;

(n) State Board of Medical Licensure established by KRS 311.530;

(o) Kentucky Board of Nursing established by KRS 314.121;

(p) Kentucky Board of Optometric Examiners established by KRS 320.230;

(q) Kentucky Board of Pharmacy established by KRS 315.150;

(r) Kentucky Board of Social Work established by KRS 335.050;

(s) Kentucky Board of Respiratory Care established by KRS 314A.200; and

(t) Kentucky Board of Speech-Language Pathology and Audiology established by

KRS 334A.070;

(4) "State agency authorized or required to promulgate administrative regulations

relating to telehealth" means:

(a) A professional licensure board;

(b) The Cabinet for Health and Family Services;

(c) The Department for Medicaid Services within the Cabinet for Health and

Family Services; and

(d) The Department of Insurance within the Public Protection Cabinet; and

(5) "Telehealth" or "digital health":

(a) Means a mode of delivering healthcare services through the use of

telecommunication technologies, including but not limited to synchronous and

asynchronous technology, remote patient monitoring technology, and audio -

only encounters, by a health care provider to a patient or to another health care

provider at a different location;

(b) Shall not include:

1. The delivery of health care services through electronic mail, text, chat,

or facsimile unless a state agency authorized or required to promulgate

administrative regula tions relating to telehealth determines that health

care services can be delivered via these modalities in ways that enhance

recipient health and well -being and meet all clinical and technology

guidelines for recipient safety and appropriate delivery of services; or

2. Basic communication between a health care provider and a patient,

including but not limited to appointment scheduling, appointment

reminders, voicemails, or any other similar communication intended to

facilitate the actual provision of health care services either in -person or

via telehealth; and

(c) Unless waived by the applicable federal authority, shall be delivered over a

secure communications connection that complies with the federal Health

Insurance Portability and Accountability Act of 19 96, 42 U.S.C. secs. 1320d

to 1320d-9.