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UPDATE Regarding Temporary Registration of Out-Of-State Health Care Providers to Provide Telehealth Services to Patients in Kentucky During the Covid-19 Declared State of Emergency
Kentucky’s Covid-19 State of Emergency was extended to January 15, 2022 by House Joint Resolution 1
(2021) in a legislative special session in September 2021. HJR 1 also extended Senate Bill 150
(2020) to January 15, 2022. The extension of SB 150 also thereby extends the “Temporary Telehealth Registry” (the registry pursuant to SB 150 for out-of-state health care providers to provide telehealth services to patients in Kentucky during the Covid-19 declared State of Emergency) to January 15, 2022. We do not know if the General Assembly might extend the State of Emergency beyond that date or make other changes when it reconvenes for the regular session in January, 2022.
Please keep in mind that the Temporary Telehealth Registry created by SB 150 expires immediately when the referenced State of Emergency has ceased
, at which point a registrant must immediately cease providing the telehealth services allowed by that registration. Please plan accordingly.
If you are interested in obtaining the credential necessary to continue providing services in Kentucky after the termination of the declared COVID-19 State of Emergency, please review the board’s website for licensing information and contact the board administrator if you have questions.
TEMPORARY REGISTRATION OF OUT-OF-STATE HEALTH CARE PROVIDERS TO PROVIDE TELEHEALTH SERVICES TO PATIENTS IN KENTUCKY DURING THE COVID-19 DECLARED STATE OF EMERGENCY
On March 6, 2020, Governor Beshear issued Executive Order 2020-215, declaring a state of emergency regarding COVID-19, a respiratory disease causing illness that can range from very mild to severe, including illness resulting in death. On March 30, 2020, Governor Beshear signed Senate Bill 150 (SB 150), an act relating to the state of emergency in response to COVID-19 and declaring an emergency. Regarding telehealth services by out-of-state health care providers with a patient in this state, Section 1(4) of SB 150 provides:
Section 1. Notwithstanding any state law to the contrary, during the state of emergency declared by the Governor in response to COVID-19 on March 6, 2020, by Executive Order 2020-215:
(4) Unless specifically prohibited or limited by federal law, a health care provider who establishes a provider-patient relationship, regardless of whether or not the telehealth provider has previously conducted an in-person examination or consultation or is conducting a new patient examination or consultation, with a patient in this state may remotely provide health care services to a patient through the use of telemedicine at an appropriate site for both the provider and patient and in compliance with HIPAA. Such provider must have an active unencumbered license for a health care profession which is issued by another state, the District of Columbia, or a possession or territory of the United States and have never been subject to discipline by a licensing agency in any state or federal jurisdiction and never had their license or permit for controlled substances suspended or revoked. Such providers must register with the relevant state agency and only offer clinically appropriate, medically necessary services. An insurer, as defined under KRS 304.17A-005, shall provide coverage for such services that are rendered to insureds in this state and the reimbursement rates for the service shall not be more than for the same services delivered in-person as provided under KRS 304.17A-138 and shall be determined between insurers and providers;
The full text of SB 150 is available at the Kentucky Secretary of State’s Executive Journal website, http://web.sos.ky.gov/execjournal/enactedlegislation.aspx.
To temporarily register pursuant to SB 150 with an occupational licensure board (herein “board”) administered by the Department of Professional Licensing (herein “DPL”) of the Public Protection Cabinet, please note:
- This registration only applies to telehealth services, and does not allow you to provide any other services.
- The registration with DPL is only for health care providers whose scope of practice requires licensure by the following Boards: Alcohol & Drug Counselors; Applied Behavioral Analysts; Chiropractic Examiners; Diabetes Educators; Dietitians & Nutritionists; Durable Medical Equipment; Hearing Instruments Specialists; Marriage and Family Therapists; Massage Therapy; Occupational Therapy; Ophthalmic Dispensers; Pastoral Counselors; Podiatry; Professional Art Therapists; Professional Counselors; Prosthetics, Orthotics & Pedorthics; Psychology [except that a person licensed to practice psychology in another jurisdiction who has registered or wants to register with the board per the separate notification process in regulation 201 KAR 26:215 regarding a declared disaster should contact that board’s administrator to use that process]; Speech-Language Pathology & Audiology.
- The registration with DPL is NOT A LICENSE, and shall not substitute for the requirements of applicable Kentucky law and administrative regulations to obtain a license from one of the listed boards. Further, the registration is NOT A STATEMENT OF QUALIFICATIONS by the Commonwealth of Kentucky. The registration expires immediately when the referenced state of emergency has ceased, at which point a registrant must immediately cease providing the telehealth services.
- To register, please visit the following site: https://oop.ky.gov/DPLServices/NewApp/Welcome.aspx. You will be required to upload the following: 1) a signed and notarized affidavit, that can be found here; and, 2) a copy of your active license. If you would like to request a paper copy of the application process, email firstname.lastname@example.org, then complete the Application and Affidavit and submit scanned copies to email@example.com or send the originals by mail to Department of Professional Licensing, P.O. Box 1360, Frankfort, KY 40602. Do not submit any documents by fax. This process is slower than applying online.
- You are NOT registered until you receive a communication from us stating that you are temporarily registered.