1. (a) The Texas Medical Board, in consultation with the commissioner of insurance, as appropriate, may adopt rules necessary to:

   1. (1) ensure that patients using telemedicine medical services receive appropriate, quality care;
   2. (2) prevent abuse and fraud in the use of telemedicine medical services, including rules relating to the filing of claims and records required to be maintained in connection with telemedicine medical services;
   3. (3) ensure adequate supervision of health professionals who are not physicians and who provide telemedicine medical services; and
   4. (4) establish the maximum number of health professionals who are not physicians that a physician may supervise through a telemedicine medical service.

2. (b) The State Board of Dental Examiners, in consultation with the commissioner of insurance, as appropriate, may adopt rules necessary to:

   1. (1) ensure that patients using teledentistry dental services receive appropriate, quality care;
   2. (2) prevent abuse and fraud in the use of teledentistry dental services, including rules relating to the filing of claims and records required to be maintained in connection with teledentistry dental services;
   3. (3) ensure adequate supervision of health professionals who are not dentists and who provide teledentistry dental services under the delegation and supervision of a dentist; and
   4. (4) authorize a dentist to simultaneously delegate to and supervise through a teledentistry dental service not more than five health professionals who are not dentists.

3. (c) Each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service shall adopt rules necessary to standardize formats for and retention of records related to a patient's consent to:

   1. (1) treatment;
   2. (2) data collection; and
   3. (3) data sharing.

4. (d) Rules adopted under Subsection (c) must:

   1. (1) as applicable, address the specific consent documentation required for:

      1. (A) telemedicine medical services;
      2. (B) teledentistry dental services; or
      3. (C) telehealth services; and
   2. (2) include provisions, based on the appropriate standard of care, for consent documentation in an audio-only format.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 22, eff. April 1, 2005.

Renumbered from Occupations Code, Section 107.004 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(69), eff. September 1, 2005.

Acts 2017, 85th Leg., R.S., Ch. 205 (S.B. 1107), Sec. 2, eff. May 27, 2017.

Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 5, eff. September 1, 2021.

Acts 2025, 89th Leg., R.S., Ch. 388 (H.B. 1700), Sec. 1, eff. September 1, 2025.