The Board recognizes that mental health services are expressly exempt from the provisions of Section 111, Texas Occupations Code. Pursuant to §§151.056, 153.001 and 157.001 of the Medical Practice Act, the Board has authority to promulgate rules concerning mental health services. Given that many areas of the state lack access to mental health services and providers, the use of technology can help alleviate this shortage. Therefore, the following rules are enacted to provide greater access to care, while insuring patient safety:
  (1) Licensure or Certification Required--Any individual providing mental health services must be properly licensed or certified in this state to perform health care services, or be a qualified mental health professional-community services (QMHP-CS) as defined in 25 TAC §412.303(48) (relating to Definitions) and only perform tasks and activities within the scope of the individual's licensure or certification.
  (2) Use of Technology to Provide Mental Health Services--Mental health services may be provided to a patient at a different location from the location of the licensed or certified provider using telecommunications or information technology.
  (3) Establishing the Provider/Patient Relationship--When providing mental health services, the provider must establish the provider-patient relationship, which can be established through use of telecommunications or information technology.
  (4) Standard of Care--When providing mental health services, such services must be conducted in the same manner as those in a traditional in-person setting. This includes keeping of proper medical records, performing observations and evaluations, and treatment. If treatment involves the use of prescription medication, all applicable federal and state laws and rules apply.
  (5) Investigations and Discipline--Complaints regarding violations of rules related to mental health services may result in an investigation and discipline under the Medical Practice Act and applicable board rules and procedures, or referral to the proper regulatory authority of the practitioner providing the mental health services.
  (6) Chronic Pain Treatment Prohibited--Treatment of chronic pain with scheduled drugs through use of telecommunications or information technology is prohibited, unless otherwise allowed under federal and state law.

Source Note: The provisions of this §174.9 adopted to be effective October 17, 2010, 35 TexReg 9085; amended to be effective November 26, 2017, 42 TexReg 6512