Written informed consent shall be obtained from any patient who is the subject of out-of-state consultation by electronic means other than telephone or telefacsimile. Such informed consent shall include an explanation by the consulting physician or, in the absence of a consulting physician, by the physician consulted. The written informed consent shall include an acknowledgment by the patient that confidentiality of medical information may be compromised by electronic transmission for purposes of consultation. Failure to obtain written informed consent for consultation 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, §§3.08, 4.12, and 4.125 (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.