Legal Must-Haves for Launching a Perinatal Telehealth Practice in Texas
Telehealth isn’t the future of perinatal care—it’s the now. Texas NPs are launching virtual prenatal programs, lactation consults, postpartum check-ins, and more. But while the tech is easy, the legal side? Not so much.
Here’s what every telehealth perinatal provider in Texas needs to know before hitting “Go Live.”
1. You Still Need a Practice Entity
Yes, it’s virtual—but it’s still a practice. You’ll need to form a legal entity (preferably a PLLC), get an NPI, register for insurance billing, and ensure your telehealth setup complies with Texas law.
We often hear, “It’s just me and Zoom—do I really need all that?” The answer: yes, unless you want to risk your license or your livelihood.
2. Texas Has Specific Telehealth Rules
Texas law requires:
Patient consent for telemedicine
Documentation of each encounter
A valid practitioner-patient relationship, often requiring a prior in-person or video evaluation
If you prescribe medications, you must follow the Texas Board of Nursing and Texas Medical Board rules
And if you’re providing services across county lines or to Medicaid beneficiaries, you must confirm MCO credentialing requirements in each service area.
We create custom telehealth protocols for clients that include consent forms, intake workflows, and emergency escalation plans.
3. Know the Limits of Prescriptive Authority
As a nurse practitioner, you must have a delegation agreement with a supervising physician to prescribe in Texas. Telehealth doesn’t change that. Make sure:
Your agreement permits telehealth
It’s properly documented and signed
You’re following all TMB/Nursing Board delegation rules
We review delegation contracts and help NPs secure compliant partnerships.
4. HIPAA Isn’t Optional
Your video calls, patient charts, and billing platforms must all be HIPAA-compliant. Free tools like FaceTime or unencrypted email won’t cut it.
We help clients vet and implement secure platforms—and review their Business Associate Agreements (BAAs) with vendors.
5. You Need a Telehealth Policy
Texas HHS and private payers are increasingly seeking formal telehealth policies. These should cover:
Scope of services
Privacy and security
Clinical protocols
Emergency procedures
We draft these for perinatal providers to help pass audits and attract payer contracts.
6. Bonus: Avoid Marketing Missteps
Don’t promise results you can’t legally guarantee. Don’t imply medical superiority unless it’s backed by licensure. A poorly worded website or ad can trigger CPOM issues or TMB complaints.
Launch with confidence. Grow with legal protection.