The following words and terms, when used in this chapter shall have the following meanings unless the context indicates otherwise. (1)Distant site provider--A physician or a physician assistant or advanced practice nurse who is supervised by and has delegated authority from a licensed Texas physician, that uses telemedicine to provide health care services to a patient in Texas. Distant site providers must be licensed in Texas. (2)Established medical site--A location where a patient will present to seek medical care where there is a patient site presenter and sufficient technology and medical equipment to allow for an adequate physical evaluation, as appropriate for the patient's presenting complaint. It requires a defined physician-patient relationship. A patient's home is not considered an established medical site. (3)Face-to-face visit--An evaluation performed on a patient where the provider and patient are both at the same physical location or where the patient is at an established medical site. (4)In-person evaluation--A patient evaluation conducted by a provider at the same physical location as the location of the patient. [(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.] (5) [(2)] Medium--Any mechanism of information transfer including electronic means. (6)Patient site location--The patient site location is where the patient is physically located. (7)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 or a qualified mental health professional-community services (QMHP-CS) as defined in 25 TAC §412.303(48) (relating to Definitions); and (B)delegated only tasks and activities within the scope of the individual's licensure or certification. (8) [(3)] Person--An individual unless otherwise expressly made applicable to a partnership, association, or corporation. (9) [(4)] Physician-patient e-mail--An interactive [A computer-based] communication via an interactive electronic text messaging system between a 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. (10) [(5)] Telemedicine medical service--The practice of medical care delivery, initiated by a distant site provider, who is physically located at a 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 that allows the distant site provider to see and hear the patient contemporaneously. [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 19, 2010
TRD-201001895 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: May 30, 2010
For further information, please call: (512) 305-7016
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