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(a)A distant site provider who provides telemedicine medical services at a site other than an established medical site for a patient's previously diagnosed condition must either: (1)see the patient one time in a face-to-face visit before providing telemedicine medical care; or (2)see the patient without an initial face-to-face visit, provided the patient has received an in-person evaluation by another physician who has referred the patient for additional care and the referral is documented in the medical record. (b)Patient site presenters are not required for pre-existing conditions previously diagnosed by a physician through a face-to-face visit. (c)All patients must be seen by a physician for an in-person evaluation at least once a year. (d)Telemedicine medical services may not be used to treat chronic pain with scheduled drugs at sites other than medical practice sites. (e)A distant site provider may treat an established patient's new symptoms that are unrelated to a patient's preexisting condition provided the patient is requested to be seen in a face-to-face visit by a physician within 72 hours. A distant site provider may not provide continuing telemedicine medical services for these new symptoms to a patient who is not seen within 72 hours. If a patient's symptoms are resolved within 72 hours such that continuing treatment for the acute symptoms is not necessary then a follow-up face-to-face visit is not required.
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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