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Texas Register

TITLE 22	EXAMINING BOARDS
PART 9	TEXAS MEDICAL BOARD
CHAPTER 174	TELEMEDICINE AND MENTAL HEALTH SERVICES
SUBCHAPTER A	TELEMEDICINE
RULE §174.3	Prevention of Fraud and Abuse. [ ~~Telemedicine Medical Services~~]
ISSUE	09/15/2017
ACTION	Proposed

Preamble

Texas Admin Code Rule

[~~(a)~~]All physicians utilizing [ ~~that use~~] telemedicine medical services in their practices shall adopt protocols to prevent fraud and abuse through the use of telemedicine medical services. In order to establish that a physician has made a good faith effort these protocols [~~These standards~~] must be consistent with standards [~~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 a 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.]~~

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 1, 2017

TRD-201703487

Mari Robinson, J.D.

Executive Director

Texas Medical Board

Earliest possible date of adoption: October 15, 2017

For further information, please call: (512) 305-7016

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