Texas Register

TITLE 22 EXAMINING BOARDS
PART 9TEXAS MEDICAL BOARD
CHAPTER 174TELEMEDICINE AND MENTAL HEALTH SERVICES
SUBCHAPTER ATELEMEDICINE
RULE §174.4Notice to Patients
ISSUE 09/15/2017
ACTION Proposed
Preamble Texas Admin Code Rule

Privacy Practices.

  (1)Physicians that communicate with patients by electronic communications other than telephone or facsimile must provide patients with written or electronic notification of the physicians' privacy practices prior to evaluation or treatment via a telemedicine medical service. In addition, a good faith effort must be made to obtain the patient's written or electronic acknowledgement, including by e-mail, of the notice.

  (2)The notice of privacy practices shall include language that is consistent with federal standards under 45 CFR Parts 160 and 164 relating to privacy of individually identifiable health information.

  (3)Complaints to the Board. Physicians that utilize telemedicine medical services must provide notice of how patients may file a complaint with the Board on the physician's website or with informed consent materials provided to patients prior to the telemedicine medical service. Content and method of the notice must be consistent with §178.3 of this title (relating to Complaint Procedure Notification).

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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