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 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.