By BLAKE McKINNEY, MD
There has been at least one report that the Federal Trade Commission (“FTC”) is looking into anti-competitive practices based on the Texas Medical Board’s telemedicine regulations.
As a telemedicine company operating in Texas, we maintain that the rules put in place by the Texas Medical Board are by no means insurmountable and do not seriously limit competition. The rules merely allow better integration of telemedicine offerings with existing medical services and help ensure a better patient experience.
Telemedicine is possible in Texas as defined by the guidelines of The Texas Medical Board (TMB), but it has to be telemedicine done right. Telemedicine must be provided in a way which conforms with modern clinical safety standards, including ensuring continuity between traditional care encounters and telemedicine encounters.
The TMB regulations mandate that:
1. An individual must have a face-to-face visit with the provider group providing virtual care to establish a doctor/patient relationship;
2. Doctors treating a panel of patients virtually must have reciprocity (communication, accountability) with each other and should be under common medical direction; and
3. Physicians engaging in telemedicine must be able to follow-up with patients and vice versa.
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