Med Mal News

The Texas Medical Board (TMB) voted in April to alter the practice of telemedicine within the state, but although the Board announced that its rule changes would increase telemedicine opportunities, there is room for debate. (See TMB April 14 press release, “TMB Adopts Rules Expanding Telemedicine Opportunities,” http://bit.ly/1GhLyVu.) The term “telemedicine” refers to the practice of providing medical advice and care through telephone, videoconference or other electronic means. Texas's new rules allow patients to receive medical care through telemedicine if they have previously received an in-person diagnosis of their condition from the telemedicine care provider. In addition, a patient who has not been given an in-person diagnosis by the remote care provider may receive care through telemedicine if a second licensed medical care provider is present with the patient to assist the remote care provider. What will no longer be allowed? The new rules prohibit a telemedicine provider from treating a patient he or she has not diagnosed in person or, at lease, diagnosed when the patient was in the presence of another licensed medical care provider. Once one of these initial consultations has taken place, however, the need for a second care provider during a telemedicine consultation will no longer be required.