Update: Teladoc has filed for and obtained a temporary restraining order enjoining the Board’s proposed Emergency Rule.
The Texas Medical Board issued an Emergency Rule with proposed changes to the practice standards and disciplinary guidelines for remote prescribing via telemedicine consults. The Emergency Rule states that the use of online questionnaires, or questions and answers exchanged through email, electronic text or chat, or telephone evaluation of a patient are not adequate to establish a valid physician-patient relationship under the Texas regulations. The Emergency Rule states that the physician must perform a physical examination via a face-to-face visit or in-person evaluation. The Emergency Rule carves out mental health services from this in-person evaluation requirement. The changes in the Emergency Rule affect Texas Administrative Code, Title 22, Part 9, Section 190.8(1)(L). Continue reading this entry