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, who 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 establishing a defined physician-patient relationship,
as defined by §190.8(1)(L) of this title (relating to Violation
Guidelines). A patient's private home is not considered an established
medical site, except as provided in §174.6(d) of this title (relating
to Telemedicine Medical Services Provided at an Established Medical
Site). An established medical site includes all Mental Health and
Mental Retardation Centers (MHMRs), and Community Centers, as defined
by Health and Safety Code, Chapter 534, where the patient is a resident
and the medical services provided are limited to mental health services.
(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 who is at the same physical location as the location
of the patient.
(5)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); and
(B)delegated only tasks and activities within the
scope of the individual's licensure or certification.
(8)Person--An individual unless otherwise expressly
made applicable to a partnership, association, or corporation.
(9)Physician-patient e-mail--An interactive communication
via an interactive electronic text messaging system between a physician
(or their medical staff and patients within a professional relationship
in which the physician has taken on an explicit measure of responsibility
for the patient's care.
(10)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 which requires the use of advanced telecommunications
technology that allows the distant site provider to see and hear the
patient in real time.
(11)Group or Institutional Setting--These include
residential treatment facilities, halfway houses, jails, juvenile
detention centers, prisons, nursing homes, group homes, rehabilitation
centers, and assisted living facilities.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on May 15, 2015
TRD-201501785 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Effective date: June 4, 2015
Proposal publication date: March 6, 2015
For further information, please call: (512) 305-7016
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