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