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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-face to 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 which are unrelated to a patient's preexisting condition provided that the patient is advised to see a physician in a face-to-face visit 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 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-201005574 Mari
Robinson, J.D.
Executive Director
Texas Medical Board
Effective date: October 17, 2010
Proposal publication date: July 16, 2010
For further information, please call: (512) 861-5390
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