| 1 | 1 | | 87R23438 JG-F |
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| 2 | 2 | | By: A. Johnson of Harris H.B. No. 4671 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the establishment of a pilot program to provide |
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| 8 | 8 | | telemedicine medical services to certain cancer patients receiving |
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| 9 | 9 | | pain management services and supportive palliative care. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle B, Title 2, Health and Safety Code, is |
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| 12 | 12 | | amended by adding Chapter 44 to read as follows: |
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| 13 | 13 | | CHAPTER 44. PILOT PROGRAM TO PROVIDE TELEMEDICINE MEDICAL SERVICES |
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| 14 | 14 | | TO CERTAIN CANCER PATIENTS |
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| 15 | 15 | | Sec. 44.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Center" means The University of Texas M. D. |
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| 17 | 17 | | Anderson Cancer Center. |
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| 18 | 18 | | (2) "Health care provider" means a person other than a |
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| 19 | 19 | | physician who is licensed, certified, or otherwise authorized by |
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| 20 | 20 | | the laws of this state to provide or render health care or to |
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| 21 | 21 | | dispense or prescribe a prescription drug in the ordinary course of |
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| 22 | 22 | | business or practice of a profession. |
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| 23 | 23 | | (3) "Physician" means a person licensed to practice |
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| 24 | 24 | | medicine in this state under Subtitle B, Title 3, Occupations Code. |
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| 25 | 25 | | (4) "Pilot program" means the pilot program |
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| 26 | 26 | | established under this chapter. |
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| 27 | 27 | | (5) "Supportive palliative care" has the meaning |
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| 28 | 28 | | assigned by Section 142A.0001. |
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| 29 | 29 | | (6) "Telemedicine medical service" has the meaning |
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| 30 | 30 | | assigned by Section 111.001, Occupations Code. |
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| 31 | 31 | | Sec. 44.002. ESTABLISHMENT OF PILOT PROGRAM. (a) The |
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| 32 | 32 | | center shall develop and implement a pilot program authorizing a |
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| 33 | 33 | | physician or other health care provider to prescribe, through a |
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| 34 | 34 | | telemedicine medical service, drugs for pain management or |
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| 35 | 35 | | supportive palliative care to a patient with a current or previous |
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| 36 | 36 | | cancer diagnosis and to provide other telemedicine medical services |
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| 37 | 37 | | to those patients. |
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| 38 | 38 | | (b) For purposes of a drug prescribed under the pilot |
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| 39 | 39 | | program, Section 481.07636 and any rule adopted by the Texas |
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| 40 | 40 | | Medical Board prohibiting or limiting the prescribing of opioids or |
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| 41 | 41 | | other treatment of chronic pain through the provision of a |
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| 42 | 42 | | telemedicine medical service do not apply. |
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| 43 | 43 | | Sec. 44.003. REPORT. Not later than January 1, 2023, the |
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| 44 | 44 | | center shall prepare and submit to the legislature and the Texas |
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| 45 | 45 | | Medical Board a written report on the pilot program that includes: |
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| 46 | 46 | | (1) the number of patients who receive pain management |
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| 47 | 47 | | services or supportive palliative care through telemedicine |
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| 48 | 48 | | medical services under the pilot program; |
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| 49 | 49 | | (2) an estimate of patient attendance rates during the |
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| 50 | 50 | | two biennia preceding August 31, 2021, for scheduled in-person |
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| 51 | 51 | | visits compared to telemedicine medical service appointments for |
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| 52 | 52 | | pain management services or supportive palliative care; |
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| 53 | 53 | | (3) an evaluation of and recommendations for |
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| 54 | 54 | | improvements to the pilot program; and |
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| 55 | 55 | | (4) recommendations for the expansion of the pilot |
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| 56 | 56 | | program. |
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| 57 | 57 | | Sec. 44.004. EXPIRATION. The pilot program terminates and |
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| 58 | 58 | | this chapter expires August 31, 2023. |
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| 59 | 59 | | SECTION 2. As soon as practicable after the effective date |
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| 60 | 60 | | of this Act, The University of Texas M. D. Anderson Cancer Center |
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| 61 | 61 | | shall develop and implement the pilot program as required by |
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| 62 | 62 | | Chapter 44, Health and Safety Code, as added by this Act. |
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| 63 | 63 | | SECTION 3. This Act takes effect immediately if it receives |
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| 64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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| 65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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| 67 | 67 | | Act takes effect September 1, 2021. |
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