A treating physician, dentist, or health professional who provides or facilitates the use of telemedicine medical services, teledentistry dental services, or telehealth services shall ensure that the informed consent of the patient, or another appropriate individual authorized to make health care treatment decisions for the patient, is obtained before telemedicine medical services, teledentistry dental services, or telehealth services are provided.
A dentist who delegates a teledentistry dental service shall ensure that the informed consent of the patient includes disclosure to the patient that the dentist has delegated the service.
SOURCE: TX Occupational Code Sec. 111.002, (Accessed Apr. 2026).
Each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service shall adopt rules necessary to standardize formats for and retention of records related to a patient ’s consent to:
- treatment;
- data collection; and
- data sharing.
Rules adopted under Subsection (c) must: as applicable, address the specific consent documentation required for:
- telemedicine medical services;
- teledentistry dental services; or
- telehealth services; and
- include provisions, based on the appropriate standard of care, for consent documentation in an audio-only format.
SOURCE: TX Occupational Code Sec. 111.004 (Accessed Apr. 2026).
Informed Consent. In addition to the informed consent requirements in §108.7 of this title, and §108.8 of this title, informed consent must include the following:
- The delegating dentist’s name, Texas license number, credentials, qualifications, contact information, and practice location involved in the patient’s care. Additionally, the name, Texas license number, credentials, and qualifications of all dental hygienists and dental assistants involved in the patient’s care. This information must be publicly displayed and provided in writing to the patient; and
- A dentist who delegates a teledentistry dental service must ensure that the informed consent of the patient includes disclosure to the patient that the dentist delegated the service.
SOURCE: TX Administrative Code Title 22, Part 5, Ch. 108, Rule 108.16. (Accessed Apr. 2026).
Before providing chiropractic telehealth services, a licensee shall obtain a patient’s written informed consent.
SOURCE: TX Admin Code Title 22. Sec. 75.10. (Accessed Apr. 2026).
Behavioral Analysts
A provider shall notify a client, a client’s authorized representative, or multi-disciplinary team, as appropriate, of the conditions of telehealth services, including, but not limited to, the right to refuse or discontinue telehealth services, options for service delivery, differences between in-person and remote service delivery methods, and instructions for filing and resolving complaints.
A provider shall obtain client consent before services may be provided through telehealth. If a client previously consented to in-person services, a provider shall obtain updated consent to include telehealth services.
The initial contact between a provider and client may be at the same physical location or through telehealth, as determined appropriate by the provider.
SOURCE: TX Admin Code Title 16, Part 4, Ch. 121, Sec. E, Sec. 121. 81 (Accessed Apr. 2026).
Texas Child Health Access Through Telemedicine
A school district may not: …
- allow a student who is younger than 18 years of age to participate in any component of the program that involves mental health education or screening unless the program has obtained signed written consent from the student ’s parent or legal guardian.
- The program must obtain written consent from the parent or legal guardian of a student as required by Section 113.0152, Health and Safety Code, before providing to the student a mental health service under this section.
SOURCE: TX Education Code, Sec. 38.2545, (Accessed Apr. 2026).
Teledentistry
In addition to the informed consent requirements in §108.7 of this title, and §108.8 of this title, informed consent must include the following:
- the delegating dentist’s name, Texas license number, credentials, qualifications, contact information, and practice location involved in the patient’s care. Additionally, the name, Texas license number, credentials, and qualifications of all dental hygienists and dental assistants involved in the patient’s care. This information must be publicly displayed and provided in writing to the patient;
- a dentist who delegates a teledentistry dental service must ensure that the informed consent of the patient includes disclosure to the patient that the dentist delegated the service; and
- a licensee must, to the extent possible:
- confirm the identity of the patient;
- verify and authenticate the patient’s health history;
- obtain an informed consent from the patient after disclosures have been made regarding the delivery models and treatment methods and limitations, to include any special informed consents regarding the use of teledentistry dental services. At a minimum, the informed consent must inform the patient and document acknowledgment of the risk and limitations (see details in text)
- inform the patient that it is the role of the licensee to determine whether the condition being diagnosed or treated is appropriate for a teledentistry encounter; and
- state the requirement for explicit patient consent to forward patient identifiable information to a third party.
SOURCE: TX Admin Code Title 22, Part 5, Ch. 108, (Accessed Apr. 2026).
Physical Therapy
A physical therapist that provides telehealth services must obtain and maintain the informed consent of the patient, or of another individual authorized to make health care treatment decisions for the patient, prior to the provision of telehealth services.
The informed consent must include the patient’s consent to:
- treatment;
- data collection; and
- data sharing.
Consent documentation is acceptable either in written format or verbally.
- Informed consent obtained verbally must be documented in the patient’s medical record and must include the date that the verbal consent is given.
- If the informed consent is provided by a responsible party of the patient, the name and relationship to the patient must be included.
The informed consent must be retained as part of the patient’s medical record.
SOURCE: TX Admin. Code, Title 22, Part 16, Sec. 322.5. (Accessed Apr 2026).
Nursing
Informed consent records must be retained at least seven years from the date of last treatment by a nurse or longer if required by other federal or state law. If a patient is under 18 years old, informed consent records must be retained until the patient reaches 21 years old or seven years from the date of last treatment, whichever is longer.
SOURCE: TX Admin Code Sec. 217.24, (Accessed Apr. 2026).
Optometry
A practitioner who provides telehealth services to a patient as described in subsection (b)(2)(B) of this section shall:
- provide the patient with guidance on appropriate follow-up care; and
- if the patient consents and the patient has a primary optometrist, provide to the patient’s primary optometrist within 72 hours after the practitioner provides the services to the patient a medical record or other report containing an explanation of the treatment provided by the practitioner to the patient and the practitioner’s evaluation, analysis, or diagnosis, as appropriate, of the patient’s condition.
Privacy Practices and Informed Consent.
- Unless previously provided, optometrists or therapeutic optometrists that communicate with patients by electronic communications other than telephone or facsimile must provide patients with written notification of the optometrists’ or therapeutic optometrists’ privacy practices prior to evaluation or treatment, with a good faith effort to obtain the patient’s written acknowledgement, including by e-mail, of the notice.
- The notice of privacy practices shall include language that is consistent with federal standards under 45 C.F.R. Parts 160 and 164 relating to privacy of individually identifiable health information.
The optometrist or therapeutic optometrist providing or facilitating the use of telehealth services shall ensure that the informed consent of the patient, or another appropriate individual authorized to make health care treatment decisions for the patient, is obtained before telehealth services are provided.
- A licensee shall maintain a patient’s informed consent in the patient record and, whenever possible, shall be in writing. If the licensee must obtain the informed consent in an audio-only format, the licensee must document in the patient record the time and date that the patient granted the consent.
- At a minimum, the informed consent must include:
- the patient’s consent to treatment by the optometrist or therapeutic optometrist via telehealth services;
- the patient’s acknowledgement that patient’s health data is being collected and shared using electronic and digital communication; and
- the patient’s acknowledgement of a potential for breach of confidentiality, or inadvertent access, of protected health information using electronic and digital communication in the provision of care.
Complaints to the Board. Optometrists or therapeutic optometrists that use telehealth services must provide notice of how patients may file a complaint with the Board on the optometrist’s or therapeutic optometrist’s website or with informed consent materials provided to patients prior to rendering telehealth services.
SOURCE: TX Admin. Code, Title 22, Part 14, Sec. 279.16. (Accessed Apr. 2026).
READ LESS