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(a)Evaluation of the Patient. Distant site providers who utilize telemedicine medical services must ensure that a proper physician-patient relationship is established which at a minimum includes: (1)establishing that the person requesting the treatment is in fact whom he/she claims to be; (2)establishing a diagnosis through the use of acceptable medical practices, including patient history, mental status examination, physical examination (unless not warranted by the patient's mental condition), and appropriate diagnostic and laboratory testing to establish diagnoses, as well as identify underlying conditions or contra-indications, or both, to treatment recommended or provided; (3)discussing with the patient the diagnosis and the evidence for it, the risks and benefits of various treatment options; and (4)ensuring the availability of the distant site provider or coverage of the patient for appropriate follow-up care. (b)Treatment. Treatment and consultation recommendations made in an online setting, including issuing a prescription via electronic means, will be held to the same standards of appropriate practice as those in traditional in-person clinical settings. (c)An online or telephonic evaluation solely by questionnaire does not constitute an acceptable standard of care.
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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