On June 1, 2025, the revised Texas Administrative Code §133.30 (“Telemedicine, Telehealth, and Teledentistry Services”) went into effect. As of that date, treating doctors—though
not Designated Doctors or Required Medical Examiners—are permitted to perform MMI evaluations remotely via telemedicine. The certifying doctor is only allowed to determine if MMI has been attained and, if so, to provide a determination of no permanent impairment.
The rule specifies, “The term [telemedicine services] does not include an examination to assign an impairment rating” under Rule 130.1. The injured worker must have been examined by the treating doctor for the same condition(s) at least once prior to the telemedicine exam, and he/she must agree to be certified in that manner.
Injuries to be rated in this manner must qualify for no impairment, cannot require further treatment, and must be considered “minor” in accordance with Rule 130.2(a)(2). That subsection allows a treating doctor to provide an MMI certification without scheduling an examination only if the injured employee is not receiving Temporary Income Benefits and has been released from treatment without the expectation of further treatment.
Copyright 2025,
Stone Loughlin & Swanson, LLP