Header:
TEXAS ADMINISTRATIVE CODE
TITLE 22. EXAMINING BOARDS
PART 9. TEXAS MEDICAL BOARD
CHAPTER 172. TEMPORARY AND LIMITED LICENSES
SUBCHAPTER C. LIMITED LICENSES
Date:
03/18/2014
Document:
§ 172.12. Out-of-State Telemedicine License
(a) Qualifications. A person may not engage in the practice of medicine across state lines in this State, hold oneself as qualified to do the same, or use any title, word, or abbreviation to indicate or induce others to believe that one is licensed to practice across state lines in this state unless the person is actually so licensed. For a person to be eligible for an out-of-state telemedicine license to practice medicine across state lines under the Medical Practice Act, § 151.056, and § 163.1 of this title (relating to Definitions), the person must:
(1) be 21 years of age or older;
(2) be actively licensed to practice medicine in another state which is recognized by the board for purposes of li-censure, and not the recipient of a previous disciplinary action by any other state or jurisdiction;
(3) not be the subject of a pending investigation by a state medical board or another state or federal agency;
(4) be currently certified by a member board of the American Board of Medical Specialties or Bureau of Osteo-pathic Specialists, or by the American Board of Oral and Maxillofacial Surgery, obtained by passing, within the ten years prior to date of applying for licensure, a monitored:
(A) specialty certification examination;
(B) maintenance of certification examination; or
(C) continuous certification examination;
(5) have passed the Texas Medical Jurisprudence Examination;
(6) complete a board-approved application for an out-of-state telemedicine license for the practice of medicine across state lines and submit the requisite initial fee; and
(7) not be determined ineligible for licensure under subsection (b) of this section.
(b) Denial of Out-of-State Telemedicine License. An application for an out-of-state telemedicine license to practice medicine across state lines may be denied based on failure to demonstrate the requisite qualifications for issuance of an out-of-state license, grounds for denial of an application for a full license pursuant to § 155.003(e) of the Act, failure to submit the required fee, and any grounds for disciplinary action of a licensee under the Medical Practice Act, § 164.051 (relating to Grounds for Denial or Disciplinary Action).
(c) Limits on Out-of-State Telemedicine License. An out-of-state telemedicine license to practice medicine across state lines shall be limited exclusively to the interpretation of diagnostic testing and reporting results to a physician fully licensed and located in Texas or for the follow-up of patients where the majority of patient care was rendered in another state, and the license holder shall practice medicine in a manner so as to comply with all other statutes and laws governing the practice of medicine in the state of Texas. Unless a person holds a current full license to practice medicine in this state pursuant to this chapter and the provisions of the Medical Practice Act, Chapter 155 (relating to License to Practice Medicine), a person holding an out-of-state telemedicine license shall not be authorized to physi-cally practice medicine in the state of Texas.
(d) Registration Requirements. All out-of-state telemedicine licenses to practice medicine across state lines li-censes must be renewed and maintained according to registration requirements of § 166.1 of this title (relating to Physician Registration).
(e) Disciplinary Action. The issuance by the board of an out-of-state telemedicine license subjects the licensee to the jurisdiction of the board in all matters set forth in the Medical Practice Act and all rules and regulations, including all matters related to discipline.
(f) Exemptions. The following activities shall be exempt from the requirements of an out-of-state telemedicine li-cense and this chapter:
(1) episodic consultation by a medical specialist located in another jurisdiction who provides such consultation services on request to a person licensed in this state;
(2) consultation services provided by a physician located in another jurisdiction to a medical school as defined in the Education Code, § 61.501;
(3) consultation services provided by a physician located in another jurisdiction to an institution defined in either Subchapter C, Chapter 73, or Subchapter K, Chapter 74 of the Education Code;
(4) informal consultation performed by a physician outside the context of a contractual relationship and on an ir-regular or infrequent basis without the expectation or exchange of direct or indirect compensation;
(5) furnishing of medical assistance by a physician in case of an emergency or disaster if no charge is made for the medical assistance; and
(6) ordering home health or hospice services for a resident of this state to be delivered by a home and community support services agency licensed by this state, by the resident's treating physician who is located in another jurisdiction of a state having borders contiguous with the borders of this state.
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