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 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 November 6, 2017
TRD-201704480 Scott Freshour
Interim Executive Director
Texas Medical Board
Effective date: November 26, 2017
Proposal publication date: September 15, 2017
For further information, please call: (512) 305-7016
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