The following words and terms, when used in this chapter shall have the followings meanings unless the context indicates otherwise. (1) Act that is part of patient care service--Any diagnosis, assessment, or treatment including the taking of diagnostic imaging studies as well as the preparation of pathological material for examination. (2) Episodic consultation--Consultation on an irregular or infrequent basis involving no more than 24 patients of a physician's diagnostic or therapeutic practice per calendar year. Multiple consultations may be performed for one or more patients up to 24 patients per calendar year. (3) Informal consultation--Consultation performed outside the context of a contractual relationship and on an irregular or infrequent basis without the expectation of or exchange of direct or indirect compensation. (4) Medium--Any mechanism of information transfer including electronic
means. (5) Patient care service initiated in this state--Any act constituting the practice of medicine as defined in this chapter in which the patient is physically located in Texas at the time of diagnosis, treatment, or testing. (6) Person--An individual unless otherwise expressly made applicable to a partnership, association, or corporation. (7) Practice of medicine--A person shall be considered to be practicing medicine under any of the following circumstances: (A) the person publicly professes to be a physician or surgeon and diagnoses, treats, or offers to treat any mental or physical disease or disorder, or any physical deformity or injury by any system or method or to effect cures thereof; or (B) the person diagnoses, treats or offers to treat any mental or physical disease or disorder, or any physical deformity or injury by any system or method and to effect cures thereof and
charges therefor, directly or indirectly, money or other compensation; or (C) the person is physically located in another jurisdiction, other than the state of Texas, and through any medium performs an act that is part of patient care service initiated in this state that would affect the diagnosis or treatment of the patient. (8) State--Any state, territory, or insular possession of the United States and the District of Columbia.
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