1. (a) Written informed consent shall be obtained from any patient for the use of physician-patient e-mail or other electronic means other than telephone or telefacsimile.

2. (b) The written informed consent shall include language that describes:

   1. (1) types of transmissions that will be permitted (prescription refills, appointment scheduling, patient education, etc.);
   2. (2) under what circumstances alternate forms of communication or office visits should be utilized;
   3. (3) what security measures the physician has adopted as well as potential risks to privacy;
   4. (4) the requirement for express patient consent to forward patient-identifiable information to a third party; and
   5. (5) an acknowledgment by the patient that confidentiality of medical information may be compromised by electronic transmission for purposes of consultation.
3. (c) Failure to obtain written informed consent for communications by electronic means other than telephone or telefacsimile shall be grounds for revocation or limitation of a special purpose license pursuant to §174.6 of this title (relating to Revocation and Limitation of Special Purpose License) and, if the person is licensed by the board, grounds for disciplinary action pursuant to the Medical Practice Act, §§164.001, 164.051, and 165.001-.004 (concerning Grounds for Disciplinary Action, Authorized Disciplinary Action, and Administrative Penalties).

Source Note:The provisions of this §174.10 adopted to be effective December 12, 1996, 21 TexReg 11786; amended to be effective April 27, 2003, 28 TexReg 3325.