Texas Register

TITLE 22 EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 174TELEMEDICINE
RULE §174.3Telemedicine Medical Services
ISSUE 10/08/2010
ACTION Final/Adopted
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 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on September 27, 2010

TRD-201005572

Mari Robinson, J.D.

Executive Director

Texas Medical Board

Effective date: October 17, 2010

Proposal publication date: April 30, 2010

For further information, please call: (512) 861-5390



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