Texas Register

TITLE 22 EXAMINING BOARDS
PART 9TEXAS STATE BOARD OF MEDICAL EXAMINERS
CHAPTER 174TELEMEDICINE
RULE §174.3Telemedicine Medical Services
ISSUE 04/23/2004
ACTION Proposed
Preamble Texas Admin Code Rule

(a)All physicians that use telemedicine medical services in their practices shall adopt protocols to prevent fraud and abuse through the use of telemedicine medical services. These standards must be consistent with those established by the Telecommunications Infrastructure Fund Board and Health and Human Services Commission pursuant to §531.02161 of the Government Code.

(b)In order to establish that a physician has made a good faith effort in the physician's practice to prevent fraud and abuse through the use of telemedicine medical services, the physician must implement written protocols that address the following:

  (1)authentication and authorization of users;

  (2)authentication of the origin of information;

  (3)the prevention of unauthorized access to the system or information;

  (4)system security, including the integrity of information that is collected, program integrity, and system integrity;

  (5)maintenance of documentation about system and information usage;

  (6)information storage, maintenance, and transmission; and

  (7)synchronization and verification of patient profile data.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 12, 2004

TRD-200402446

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Earliest possible date of adoption: May 23, 2004

For further information, please call: (512) 305-7016



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