The following words and terms, when used in this chapter shall have the following meanings unless the context indicates otherwise. (1)Distant site physician--A physician that uses telemedicine to provide health care services to a patient in Texas. The physician must be licensed to practice medicine in Texas. (2) [(1)] Medical practice site--A patient-specific Internet site, access to which is limited to licensed physicians, associated medical personnel and patients. It is an interactive site and thus qualifies as a practice location. It requires a defined physician-patient relationship. (3) [(2)] Medium--Any mechanism of information transfer including electronic means. (4)Patient site location--The patient site location is where the client is physically located. It is limited to the following locations: (A)State hospital; (B)State school; (C)One of the following locations in a rural or underserved area: (i)physician office; (ii)hospital; (iii)rural health clinic (RHC); (iv)federally qualified health center; (v)intermediate care facility for persons with mental retardation (ICF/MR) that is not a state school; (vi)community center as defined in Health and Safety Code §534.001 or outreach site associated with a community center; or (vii)local health department established under Health and Safety Code §121.031, or public health district established under Health and Safety Code §121.041. (5)Patient site presenter--The patient site presenter is the individual at the patient site location who introduces the patient to the distant site physician for examination and to whom the distant site physician may delegate tasks and activities. A patient site presenter must be: (A)licensed or certified in this state to perform health care services and must present and/or be delegated tasks and activities only within the scope of the individual's licensure or certification; and/or (B)a qualified mental health professional-community services (QMHP-CS) as defined in 25 TAC §412.303(31) (relating to Definitions) (6) [(3)] Person--An individual unless otherwise expressly made applicable to a partnership, association, or corporation. (7) [(4)] Physician-patient e-mail--A computer-based communication between physician (or their medical personnel) and patients within a professional relationship in which the physician has taken on an explicit measure of responsibility for the patient's care. (8) [(5)] Telemedicine medical service--The practice of health care delivery, by a distant site physician licensed by the Texas Medical Board who is physically located at a Texas site other than the site where the patient is located, for the purposes of evaluation, diagnosis, consultation, or treatment that requires the use of advanced telecommunications technology. Telephone conversations, chart reviews, electronic mail messages, and facsimile transmissions are not considered telemedicine. [A health care service initiated by a physician or provided by a health professional acting under physician delegation and supervision, for purposes of assessment by a health professional, diagnosis or consultation by a physician, treatment, or the transfer of medical data, that requires the use of advanced telecommunications other than by telephone or facsimile as described in §57.042 of the Utilities Code.] [(6)Telepresenter--a remote site provider, as defined in 1 TAC §354.1430, who is not a physician, registered nurse, advanced practice nurse or physician assistant, unless such physician, registered nurse, advanced practice nurse or physician assistant is a qualified mental health professional as defined in §531.02175(a) of the Government Code.]
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
16, 2009
TRD-200901452 Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Earliest possible date of adoption: May 31, 2009
For further information, please call: (512) 305-7016
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