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What are the legal implications of telemedicine in Texas?

Telemedicine, the practice of delivering healthcare services remotely using telecommunications technology, has significantly evolved in Texas over the years. The journey began with stringent regulations that limited its growth, but recent legislative changes have paved the way for a more inclusive and expansive use of telemedicine services across the state. Two important things that any healthcare practitioner in Texas should note include the following.

#1: Regulations are changing

Initially, Texas law was quite restrictive regarding telemedicine, requiring a pre-existing physician-patient relationship established in-person before medical professionals could provide any telemedicine services. This requirement posed a significant barrier to the widespread adoption of telemedicine, especially in rural areas where healthcare providers are scarce.

Significant changes came with the passing of Senate Bill 1107 in 2017. This bill marked a pivotal shift by removing the necessity for an in-person consultation to establish a patient-provider relationship. Instead, medical professionals can now establish this relationship through telemedicine services under specific conditions. These changes have had profound implications, allowing for the expansion of telemedicine access as more are able to receive care remotely, improving access to healthcare services across the state, particularly in underserved regions. The changes also allowed for an increase in flexibility for the delivery of medical care as healthcare providers can offer a wider range of services through telemedicine, adapting to patient needs more effectively.

#2: Definitions matter

The particulars of who can provide these services are important. Under Texas law, a broad spectrum of licensed healthcare professionals can deliver telemedicine services. This includes, but is not limited to, physicians, nurse practitioners, and mental health professionals. The inclusivity of this provision helps to better ensure that patients have access to diverse medical expertise, regardless of their geographical location. The law does clarify that a physician licensed in the state or someone under their supervision must provide care.

The evolution of telemedicine laws in Texas reflects a growing recognition of the benefits of remote healthcare delivery. By easing previous restrictions and allowing a more extensive range of providers to participate, Texas has set an example for other states considering similar expansions. As technology advances and the demand for accessible healthcare continues to rise, it is likely that telemedicine will play an increasingly central role in the Texas healthcare system, offering a promising solution to the challenges of modern healthcare delivery.

Attorney John Rivas is responsible for this communication.