The Telemedicine Committee of the Texas Medical Board met on April 8, 2010, and approved the proposed Telemedicine rules as published in the Texas Register on April 30th. The Board will review public comments at its June 4th Board Meeting.
Proposed Rule Summary:
Ø The amendment to §174.1, concerning 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.
Ø The amendment to §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.
Ø The amendment to §174.3, concerning Telemedicine Medical Services, deletes references to the Telecommunications Infrastructure Fund Board (TIFB).
Ø The repeal of §174.4, concerning Use of the Internet in Medical Practice, repeals the language from this section and moves it to Chapter 164 as a new §164.6, which is contemporaneously proposed elsewhere in this issue of the Texas Register.
Ø The amendments to §174.5, concerning 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.
Ø The repeal and replacement of §174.6, concerning Delegation to and Supervision of Telepresenters, repeals §174.6 and adds new language for rules as new §174.6, concerning Telemedicine Medical Services Provided at an Established Medical Site.
Ø 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.
Ø New §174.8, concerning Evaluation and Treatment of the Patient, establishes standards for physicians who use telemedicine medical services for the evaluation and treatment of patients.
Ø 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.
Ø New §174.10, concerning 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.
Ø 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.
Ø New §174.12, concerning 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.
To view the publication: http://www.sos.state.tx.us/texreg/sos/PROPOSED/22.EXAMINING%20BOARDS.html#143
