OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY

CHAPTER 107. TELEMEDICINE AND TELEHEALTH
	Chapter 107, Telemedicine and Telehealth, consisting of 
Secs. 107.001 to 107.004, was added by Acts 2003, 78th Leg., ch. 
1274, § 22.
	For another Chapter 107, Intractable Pain Treatment, 
consisting of Secs. 107.001 to 107.152, added by Acts 2003, 78th 
Leg., ch. 1276, § 14.002(a), see § 107.001 et seq., post.


	§ 107.001.  DEFINITIONS.                                                    

Text of section effective April 1, 2005
	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.       
	Chapter 107, Telemedicine and Telehealth, consisting of 
Secs. 107.001 to 107.004, was added by Acts 2003, 78th Leg., ch. 
1274, § 22.
	For another Chapter 107, Intractable Pain Treatment, 
consisting of Secs. 107.001 to 107.152, added by Acts 2003, 78th 
Leg., ch. 1276, § 14.002(a), see § 107.001 et seq., post.


	§ 107.002.  INFORMED CONSENT.                                               

Text of section effective April 1, 2005
	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.       
	Chapter 107, Telemedicine and Telehealth, consisting of 
Secs. 107.001 to 107.004, was added by Acts 2003, 78th Leg., ch. 
1274, § 22.
	For another Chapter 107, Intractable Pain Treatment, 
consisting of Secs. 107.001 to 107.152, added by Acts 2003, 78th 
Leg., ch. 1276, § 14.002(a), see § 107.001 et seq., post.


	§ 107.003.  CONFIDENTIALITY.                                                

Text of section effective April 1, 2005
	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.       
	Chapter 107, Telemedicine and Telehealth, consisting of 
Secs. 107.001 to 107.004, was added by Acts 2003, 78th Leg., ch. 
1274, § 22.
	For another Chapter 107, Intractable Pain Treatment, 
consisting of Secs. 107.001 to 107.152, added by Acts 2003, 78th 
Leg., ch. 1276, § 14.002(a), see § 107.001 et seq., post.


	§ 107.004.  RULES.                                                          

Text of section effective April 1, 2005
	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.