On April 18, 2003, the Texas State Board of Medical Examiners ("TSBME") published amendments to the telemedicine regulations in the Texas Register. Under the amendments, physicians physically located outside of Texas, but providing provided patient care services initiated in Texas, must obtain informed consent prior to communicating with patients by email or other electronic means (other than telephone or facsimile). Specifically, the informed consent must include language that explains: (1) the types of electronic transmissions that will be permitted (i.e, prescription refills, appointment scheduling, etc.); (2) under what circumstances alternative forms of communications or office visits should be utilized; (3) what security measures the physician has adopted, as well as potential risks to privacy; and (4) that the physician may not forward patient-identifiable information without express patient consent. The informed consent must also contain the patient's acknowledgment that confidentiality of medical information may be compromised by such electronic transmissions. The new requirements were effective April 27, 2003.
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