87R21737 KKR-D
By: Cason, Lopez, et al. H.B. No. 3098
A BILL TO BE ENTITLED
AN ACT
relating to conducting certain medical examinations using
telemedicine under the workers' compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.123, Labor Code, is amended by
adding Subsection (i) to read as follows:
(i) A medical examination conducted to certify maximum
medical improvement or assign an impairment rating may be performed
using telehealth services or telemedicine medical services, as
defined by Section 111.001, Occupations Code. A health care
professional must be physically present in the room in which the
employee is located to assist the certifying doctor in conducting
the examination and administering any necessary testing. For
purposes of this subsection, "health care professional" means an
individual licensed, certified, or otherwise authorized to
administer health care, for profit or otherwise, in the ordinary
course of business or professional practice.
SECTION 2. Section 408.123(i), Labor Code, as added by this
Act, applies only to a medical examination to certify an employee's
maximum medical improvement or assign an employee's impairment
rating conducted on or after the effective date of this Act. A
medical examination conducted before the effective date of this Act
is governed by the law in effect on the date the examination was
conducted, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2021.