US Laws, Codes, Statutes & Cases

OCCUPATIONS CODE

CHAPTER 111. TELEMEDICINE AND TELEHEALTH


	§ 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, § 22, eff. April 1, 
2005.  Renumbered from V.T.C.A., Occupations Code § 107.001 by 
Acts 2005, 79th Leg., ch. 728, § 23.001(69), eff. Sept. 1, 2005.


	§ 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, § 22, eff. April 1, 
2005.  Renumbered from V.T.C.A., Occupations Code § 107.002 by 
Acts 2005, 79th Leg., ch. 728, § 23.001(69), eff. Sept. 1, 2005.


	§ 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, § 22, eff. April 1, 
2005.  Renumbered from V.T.C.A., Occupations Code § 107.003 by 
Acts 2005, 79th Leg., ch. 728, § 23.001(69), eff. Sept. 1, 2005.


	§ 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, § 22, eff. April 1, 
2005.  Renumbered from V.T.C.A., Occupations Code § 107.004 by 
Acts 2005, 79th Leg., ch. 728, § 23.001(69), eff. Sept. 1, 2005.