The Texas Medical Board proposes an amendment to §174.2 and new §174.6, concerning Telemedicine.

The amendment to §174.2 adds the definition for "telepresenter." New §174.6 creates standards for delegation by a physician to a non-physician in the practice of telemedicine.

Michele Shackelford, General Counsel, Texas Medical Board, has determined that for the first five-year period the sections are in effect there will be no fiscal implications to state or local government as a result of enforcing the sections as proposed. There will be no effect to individuals required to comply with the sections as proposed.

Ms. Shackelford also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be to define the use of non-physicians in the practice of telemedicine and to assures that physicians delegate duties only to properly trained and qualified personnel in the practice of telemedicine. There will be no effect on small or micro businesses.

Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.

The amendment and new section are proposed under the authority of the Texas Occupations Code Annotated, §153.001, which provides the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.

No other statutes, articles or codes are affected by this proposal.