Texas 2015 - 84th Regular

Texas House Bill HB2250 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6180 EES-F
2	2	By: Coleman H.B. No. 2250
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the delivery of telemedicine medical services and
8	8	telehealth services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 111.001, Occupations Code, is amended by
11	11	amending Subdivision (2) and adding Subdivisions (3) and (4) to
12	12	read as follows:
13	13	(2) "Residence" means a place where a person resides
14	14	and includes a home, a nursing home, a convalescent home, or a
15	15	residential unit ['Telehealth service' and 'telemedicine medical
16	16	service' have the meanings assigned by Section 57.042, Utilities
17	17	Code].
18	18	(3) "Telehealth service" means a health service, other
19	19	than a telemedicine medical service, that is delivered by a
20	20	licensed or certified health professional acting within the scope
21	21	of the health professional's license or certification who does not
22	22	perform a telemedicine medical service and that requires the use of
23	23	advanced telecommunications technology, including:
24	24	(A) compressed digital interactive video, audio,
25	25	or data transmission;
26	26	(B) clinical data transmission using computer
27	27	imaging by way of still-image capture and store and forward; and
28	28	(C) other technology that facilitates access to
29	29	health care services or medical specialty expertise.
30	30	(4) "Telemedicine medical service" means a health care
31	31	service that is initiated by a physician or provided by a health
32	32	professional acting under physician delegation and supervision,
33	33	that is provided for purposes of patient assessment by a health
34	34	professional, diagnosis or consultation by a physician, or
35	35	treatment, or for the transfer of medical data, and that requires
36	36	the use of advanced telecommunications technology, including:
37	37	(A) compressed digital interactive video, audio,
38	38	or data transmission;
39	39	(B) clinical data transmission using computer
40	40	imaging by way of still-image capture and store and forward; and
41	41	(C) other technology that facilitates access to
42	42	health care services or medical specialty expertise.
43	43	SECTION 2. Section 111.002, Occupations Code, is amended to
44	44	read as follows:
45	45	Sec. 111.002. INFORMED CONSENT. (a) Except as provided by
46	46	Subsection (c), a [A] treating physician or health professional who
47	47	provides or facilitates the use of telemedicine medical services or
48	48	telehealth services shall ensure that the informed consent of the
49	49	patient, or another appropriate individual authorized to make
50	50	health care treatment decisions for the patient, is obtained before
51	51	telemedicine medical services or telehealth services are provided.
52	52	(b) A copy of an informed consent form signed by a patient in
53	53	accordance with Subsection (a) must be retained in the patient's
54	54	medical record and provided to the patient or the patient's legally
55	55	authorized representative on request.
56	56	(c) A treating physician or health professional who
57	57	provides or facilitates the use of telemedicine medical services or
58	58	telehealth services to provide emergency medical care, as that term
59	59	is defined in Section 773.003, Health and Safety Code, is not
60	60	required to obtain informed consent before telemedicine medical
61	61	services or telehealth services are provided if:
62	62	(1) the patient is unable to give the patient's
63	63	informed consent; and
64	64	(2) an individual authorized to make health care
65	65	treatment decisions for the patient is unavailable to give the
66	66	individual's informed consent.
67	67	SECTION 3. Chapter 111, Occupations Code, is amended by
68	68	adding Section 111.0021 to read as follows:
69	69	Sec. 111.0021. RIGHT TO REFUSE. (a) A patient may refuse
70	70	at any time to receive telemedicine medical services or telehealth
71	71	services.
72	72	(b) A patient's refusal to receive telemedicine medical
73	73	services or telehealth services may not affect the patient's:
74	74	(1) right to future care, diagnosis, or treatment; or
75	75	(2) receipt of benefits under the Medicaid program.
76	76	SECTION 4. Section 111.004, Occupations Code, is amended to
77	77	read as follows:
78	78	Sec. 111.004. RULES. The Texas [State Board of] Medical
79	79	Board [Examiners], in consultation with the commissioner of
80	80	insurance, as appropriate, may adopt rules necessary to:
81	81	(1) ensure that patients using telemedicine medical
82	82	services receive appropriate, quality care;
83	83	(2) prevent abuse and fraud in the use of telemedicine
84	84	medical services, including rules relating to the filing of claims
85	85	and records required to be maintained in connection with
86	86	telemedicine medical services;
87	87	(3) ensure adequate supervision of health
88	88	professionals who are not physicians and who provide telemedicine
89	89	medical services; and
90	90	(4) establish the maximum number of health
91	91	professionals who are not physicians that a physician may supervise
92	92	through a telemedicine medical service[; and
93	93	[(5) require a face-to-face consultation between a
94	94	patient and a physician providing a telemedicine medical service
95	95	within a certain number of days following an initial telemedicine
96	96	medical service only if the physician has never seen the patient].
97	97	SECTION 5. Chapter 111, Occupations Code, is amended by
98	98	adding Section 111.005 to read as follows:
99	99	Sec. 111.005. PROVISION OF SERVICES. (a) A treating
100	100	physician who provides telemedicine medical services shall
101	101	determine whether the presence of a physician or health
102	102	professional is required at the site where the patient is receiving
103	103	the services.
104	104	(b) A treating physician who provides telemedicine medical
105	105	services or a treating health professional who provides telehealth
106	106	services shall determine if a patient's residence is an appropriate
107	107	site at which the patient may receive the services.
108	108	SECTION 6. Not later than January 1, 2016, the executive
109	109	commissioner of the Health and Human Services Commission and the
110	110	Texas Medical Board shall adopt any rules necessary to implement
111	111	the changes in law made by this Act.
112	112	SECTION 7. If before implementing any provision of this Act
113	113	a state agency determines that a waiver or authorization from a
114	114	federal agency is necessary for implementation of that provision,
115	115	the agency affected by the provision shall request the waiver or
116	116	authorization and may delay implementing that provision until the
117	117	waiver or authorization is granted.
118	118	SECTION 8. This Act takes effect September 1, 2015.