(a) Qualifications. A person may not engage in the
practice of medicine across state lines in this State, hold oneself
as qualified to do the same, or use any title, word, or abbreviation
to indicate or induce others to believe that one is licensed to practice
across state lines in this state unless the person is actually so
licensed. For a person to be eligible for an out-of-state telemedicine
license to practice medicine across state lines under the Medical
Practice Act, §151.056, and §163.1 of this title (relating
to Definitions), the person must:
(1) be 21 years of age or older;
(2) be actively licensed to practice medicine in another
state which is recognized by the board for purposes of licensure,
and not the recipient of a previous disciplinary action by any other
state or jurisdiction;
(3) not be the subject of a pending investigation by
a state medical board or another state or federal agency;
(4) have passed the Texas Medical Jurisprudence Examination;
(5) complete a board-approved application for an out-of-state
telemedicine license for the practice of medicine across state lines
and submit the requisite initial fee; and
(6) not be determined ineligible for licensure under
subsection (b) of this section.
(b) Denial of Out-of-State Telemedicine License. An
application for an out-of-state telemedicine license to practice medicine
across state lines may be denied based on failure to demonstrate the
requisite qualifications for issuance of an out-of-state license,
grounds for denial of an application for a full license pursuant to §155.003(e)
of the Act, failure to submit the required fee, and any grounds for
disciplinary action of a licensee under the Medical Practice Act, §164.051
(relating to Grounds for Denial or Disciplinary Action).
(c) Limits on Out-of-State Telemedicine License. An
out-of-state telemedicine license to practice medicine across state
lines shall be limited exclusively 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, and the license holder shall practice
medicine in a manner so as to comply with all other statutes and laws
governing the practice of medicine in the state of Texas. Unless a
person holds a current full license to practice medicine in this state
pursuant to this chapter and the provisions of the Medical Practice
Act, Chapter 155 (relating to License to Practice Medicine), a person
holding an out-of-state telemedicine license shall not be authorized
to physically practice medicine in the state of Texas.
(d) Registration Requirements. All out-of-state telemedicine
licenses to practice medicine across state lines licenses must be
renewed and maintained according to registration requirements of §166.1
of this title (relating to Physician Registration).
(e) Disciplinary Action. The issuance by the board
of an out-of-state telemedicine license subjects the licensee to the
jurisdiction of the board in all matters set forth in the Medical
Practice Act and all rules and regulations, including all matters
related to discipline.
(f) Exemptions. The following activities shall be exempt
from the requirements of an out-of-state telemedicine license and
this chapter:
(1) episodic consultation by a medical specialist located
in another jurisdiction who provides such consultation services on
request to a person licensed in this state;
(2) consultation services provided by a physician located
in another jurisdiction to a medical school as defined in the Education
Code, §61.501;
(3) consultation services provided by a physician located
in another jurisdiction to an institution defined in either Subchapter
C, Chapter 73, or Subchapter K, Chapter 74 of the Education Code;
(4) informal consultation performed by a physician
outside the context of a contractual relationship and on an irregular
or infrequent basis without the expectation or exchange of direct
or indirect compensation;
(5) furnishing of medical assistance by a physician
in case of an emergency or disaster if no charge is made for the medical
assistance; and
(6) ordering home health or hospice services for a
resident of this state to be delivered by a home and community support
services agency licensed by this state, by the resident's treating
physician who is located in another jurisdiction of a state having
borders contiguous with the borders of this state.
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Source Note: The provisions of this §172.12 adopted to be effective January 25, 2006, 31 TexReg 387; amended to be effective September 23, 2010, 35 TexReg 8500; amended to be effective December 4, 2011, 36 TexReg 8029; amended to be effective December 23, 2012, 37 TexReg 9773; amended to be effective March 27, 2018, 43 TexReg 1863 |