060.00.01 Ark. Code R. § 001 - Regulation 2.8 - Requiring Minimum Standards for Establishing Physician / Patient Relationships

A physician exhibits gross negligence if he provides and/or recommends any form of treatment, including prescribing legend drugs, without first establishing a proper physician/patient relationship.

Section A. For purposes of this regulation a proper physician/patient relationship, at a minimum requires that:

1. The physician perform a history and physical examination of the patient adequate to establish a diagnosis and identify underlying conditions and/or contraindications to the treatment recommended/provided, OR personally knows the patient and the patient's general health status through an "ongoing" personal or professional relationship, AND THAT

2. Appropriate follow-up be provided, when necessary, at medically necessary intervals.

Section B. Exceptions

1. Emergency situations where the life or health of the patient is in danger or imminent danger.

2. Treatment provided in consultation with, or upon referral by, another physician who has an ongoing relationship with the patient, and who has agreed to supervise the patient's treatment, including follow-up care and the use of any prescribed medications.

3. On-call or cross-coverage situations in which the physician has access to patient records.

4. Simply providing information of a general or generic nature not meant to be specific to an individual patient.

Notes

060.00.01 Ark. Code R. § 001

7/5/2001