CAMLAW: Complementary and Alternative Medicine Law Blog

Texas amends its telemedicine rule

The Texas Medical Board has amended one its significant telemedicine rules.

Now:

§ 172.12, Out-of-State Telemedicine License. Renames Special-Purpose Telemedicine licenses to Out-of-State Telemedicine licenses and limits their scope to the interpretation of diagnostic testing and reporting results to a physician fully licensed and located in Texas or for the follow-up of patients where the majority of patient care was rendered in another state.

Chapter 174, Telemedicine: § 174.1, Purpose. Adds statutory authority for the chapter and exempts out-of-state telemedicine license holders, federally qualified health centers, and health insurance help-lines from the chapter. §174.2, concerning Definitions, defines distant site provider, established medical site, face-to-face visit, patient site location, patient site presenter; amends the definitions for physician-patient e-mail, telemedicine medical services; and deletes the definition for telepresenter. The amendment will establish uniform definitions for those who practice telemedicine in Texas. § 174.3, Telemedicine Medical Services. Deletes reference to the Telecommunications Infrastructure Fund Board (TIFB). § 174.4, Use of the Internet in Medical Practice. Repeal of section and moves it to Chapter 164 as a new Section 164.6. § 174.5, Notice of Privacy Practices. Provides that physicians who communicate electronically with patients and provide telemedicine medical services, must provide notice to patients of privacy practices, limitations of telemedicine, when in-person evaluations are necessary, and how to file complaints with the Board. § 174.6, Delegation to and Supervision of Telepresenters. Repeals Section 174.6 and add new language for rules relating to Telemedicine Medical Services Provided at an Established Medical Site.

New §174.7, concerning Telemedicine Medical Services Provided at Sites other than an Established Medical Site, establishes under what conditions a distant site provider may provide telemedicine medical services at sites other than an established medical site, such as a patient's home. The new section will establish standards for the use of telemedicine medical services at non-medical sites. The proposed rules will accommodate the developing trends in health care delivery not authorized under existing rules as well as changes in the Health and Human Services Commission's (HHSC) rules for Medicaid telemedicine reimbursement. Also the proposed changes expand the current rules to authorize a majority of the types of telemedicine that are currently being practiced in Texas in both rural and urban areas.

New § 174.8, Evaluation and Treatment of the Patient. Establishes standards for physicians who use telemedicine medical services for the evaluation and treatment of patients. New §174.9, concerning Technology and Security Requirements, establishes requirements relating to technology and security regarding the provision of telemedicine medical services and physician-patient communications through e-mail. The proposed rule establishes standards for the provision of telemedicine medical services at established medical sites. New § 174.10, Medical Records for Telemedicine Medical Services. Establishes the requirements for the maintenance of medical records for telemedicine medical services and what documents are considered part of the medical records.

New §174.11, concerning On-call Services, establishes that physicians in the same specialty who provide reciprocal services may provide on-call telemedicine medical services for each other's patients. The proposed rule allows for the use of telemedicine medical services through on-call services when a patient's distant site provider is not available. New § 174.12, State Licensure, Provides that persons who treat and prescribe through advanced communications technology are engaged in the practice of medicine and must have appropriate licensure unless otherwise exempt.

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Our law office has attorneys with legal experience  in FDA matters, including guiding  clients involved in health care  delivery, group medical and private  medical practice, who are concerned  about issues at the interface of  federal and state law, concerned  about medical board discipline or  medical malpractice liability  issues.  We also review and draft informed  consent forms and guide  clients concerning a variety of health care law  issues.

If you have legal questions concerning self-referral, kickbacks and fee-splitting or patient brokering in New York, California, Massachusetts, Washington DC, and other states, contact  a lawyer who knows the rules.

Consult an experienced  health care law attorney who knows complementary medicine and integrative  medicine for legal advice pertaining to any project involving allied health or CAM     professionals.

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Healthcare & FDA attorney Michael H. Cohen is a thought leader in healthcare law & FDA law, pioneering legal strategies in healthcare. wellness, and lifestyle markets. As a corporate and transactional lawyer, FDA regulatory attorney who also handles healthcare litigation, healthcare mediation and healthcare arbitration, and international healthcare & wellness law speaker, Los Angeles / Bay Area healthcare & FDA lawyer Michael H. Cohen represents conscious business leaders in a transformational era. Clients seek healthcare & FDA attorney Michael H. Cohen's legal savvy on all aspects of business law, healthcare law, and FDA law, including:

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