Privacy Practices.
  (1) Physicians that communicate with patients by electronic communications other than telephone or facsimile must provide patients with written or electronic notification of the physicians' privacy practices prior to evaluation or treatment via a telemedicine medical service. In addition, a good faith effort must be made to obtain the patient's written or electronic acknowledgement, including by e-mail, of the notice.
  (2) The notice of privacy practices shall include language that is consistent with federal standards under 45 CFR Parts 160 and 164 relating to privacy of individually identifiable health information.
  (3) Complaints to the Board. Physicians that utilize telemedicine medical services must provide notice of how patients may file a complaint with the Board on the physician's website or with informed consent materials provided to patients prior to the telemedicine medical service. Content and method of the notice must be consistent with §178.3 of this title (relating to Complaint Procedure Notification).

Source Note: The provisions of this §174.4 adopted to be effective November 26, 2017, 42 TexReg 6512