Complaints regarding violations of statutes and rules
related to telemedicine medical services may result in an investigation
and discipline under the Medical Practice Act and applicable rules
and procedures, or referral to the proper regulatory authority of
the practitioner proving telemedicine medical services.
[(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.]
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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