comply with the other state’s law to be compliant with Texas law.
• Allows physicians to send a written notice to a patient’s last known ad- dress. Previously, the law didn’t spec- ify what address was acceptable.
Dr. Marcus told the Senate Health
and Human Services Committee that SB 1610 “eliminates legal confusion by setting a single Texas standard for the elements for compliance. In those rare but very unfortunate instances when we have to notify patients that the pri- vacy of their medical records may have been breached, SB 1610 eliminates the daunting task of complying with multi- ple, constantly changing laws passed in other states.” Matt Murray, MD, a Fort Worth pedi-
atric emergency physician, says it’s im- portant for physicians to become well- versed in Texas’ privacy law. To avoid violating the law and facing steep pen- alties, he suggests physicians contact an attorney to ensure compliance with the new regulations and consult their area regional extension center (REC) for as- sistance with security risk analysis and management. Dr. Murray is chair of the North Texas
REC Board of Directors. For more information on the RECs,
visit TMA’s REC Resource Center, www
.texmed.org/rec.
State law sets civil penalties of up to:
• $5,000 per each negligent violation in one year;
• $25,000 per each intentional viola- tion in one year;
• $250,000 for a violation committed knowingly or intentionally that in- volves using PHI for financial gain; and
• $1.5 million if a court finds “the viola- tions have occurred with a frequency as to constitute a pattern or practice.”
For more information about state
HIPAA regulations, contact the TMA Knowledge Center at (800) 880-7955 or
knowledge@texmed.org.
Dentists should not independently diag- nose and treat sleep apnea because they are not trained to do so, the Texas Medi- cal Association told officials of the Texas State Board of Dental Examiners. “It is beyond the scope of practice of dentistry in Texas to diagnose a medi- cal disease or disorder, including a sleep disorder, or to independently treat such disorder once diagnosed,” TMA Presi- dent Stephen L. Brotherton, MD, said in a letter to the board’s executive director. To read the letter, visit
www.texmed.org/ Template.aspx?id=27472. The dental board met in August to
discuss the proposed rules. It discussed modifications and was expected to pro- pose a new set of rules in September. Based on the discussions at the August board meeting, TMA is concerned that the dental board is considering adopt- ing a rule that would allow dentists to screen patients for sleep disorders with a home sleep study, without requiring a physician to interpret the results. TMA also worries the rules may per-
mit a dentist to independently treat some sleep disorders. TMA will contin- ue to monitor the dental board’s actions and will submit comments once the new proposal is published. In other scope-related news, the Tex-
as Supreme Court decided not to review TMA’s case against the Texas State Board of Chiropractic Examiners, in which the association argued that chiropractors are not allowed to diagnose. The ruling leaves standing TMA’s successful chal- lenge to the board’s manipulation-under- anesthesia and needle electromyography regulations. It also has the effect of al- lowing chiropractors to make a chiro- practic diagnosis limited to their scope of practice, as statutorily defined. n
Crystal Zuzek is an associate editor of Texas Medicine. You can reach her by telephone at (800) 880-1300, ext. 1385, or (512) 370-1385; by fax at (512) 370-1629; or by email at
crystal.zuzek@texmed.org.
TMA challenges dentists’ sleep apnea rule
Physician Practice Opportunities
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E-mail:
kfortney@covhs.org October 2013 TEXAS MEDICINE 35
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