CHAPTER 111. TELEMEDICINE AND TELEHEALTH
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY
CHAPTER 111. TELEMEDICINE AND TELEHEALTH
Sec. 111.001. DEFINITIONS. In this chapter:
(1) 'Health professional' and 'physician' have the meanings
assigned by Section 1455.001, Insurance Code.
(2) 'Telehealth service' and 'telemedicine medical service' have
the meanings assigned by Section 57.042, Utilities Code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 22, eff. April 1,
2005.
Renumbered from Occupations Code, Section 107.001 by Acts 2005,
79th Leg., Ch.
728, Sec. 23.001(69), eff. September 1, 2005.
Sec. 111.002. INFORMED CONSENT. A treating physician or health
professional who provides or facilitates the use of telemedicine
medical services or telehealth services shall ensure that the
informed consent of the patient, or another appropriate
individual authorized to make health care treatment decisions for
the patient, is obtained before telemedicine medical services or
telehealth services are provided.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 22, eff. April 1,
2005.
Renumbered from Occupations Code, Section 107.002 by Acts 2005,
79th Leg., Ch.
728, Sec. 23.001(69), eff. September 1, 2005.
Sec. 111.003. CONFIDENTIALITY. A treating physician or health
professional who provides or facilitates the use of telemedicine
medical services or telehealth services shall ensure that the
confidentiality of the patient's medical information is
maintained as required by Chapter 159 or other applicable law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 22, eff. April 1,
2005.
Renumbered from Occupations Code, Section 107.003 by Acts 2005,
79th Leg., Ch.
728, Sec. 23.001(69), eff. September 1, 2005.
Sec. 111.004. RULES. The Texas State Board of Medical
Examiners, in consultation with the commissioner of insurance, as
appropriate, may adopt rules necessary to:
(1) ensure that patients using telemedicine medical services
receive appropriate, quality care;
(2) prevent abuse and fraud in the use of telemedicine medical
services, including rules relating to the filing of claims and
records required to be maintained in connection with telemedicine
medical services;
(3) ensure adequate supervision of health professionals who are
not physicians and who provide telemedicine medical services;
(4) establish the maximum number of health professionals who are
not physicians that a physician may supervise through a
telemedicine medical service; and
(5) require a face-to-face consultation between a patient and a
physician providing a telemedicine medical service within a
certain number of days following an initial telemedicine medical
service only if the physician has never seen the patient.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 22, eff. April 1,
2005.
Renumbered from Occupations Code, Section 107.004 by Acts 2005,
79th Leg., Ch.
728, Sec. 23.001(69), eff. September 1, 2005.