KRS 319C.140: Patient's informed consent -- Confidentiality of medical information --

Administrative regulations governing telehealth services.

(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 t he 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 a pplicable

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 oth er 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.