87R3756 TYPED
By: Zaffirini S.B. No. 40
A BILL TO BE ENTITLED
AN ACT
Relating to the use of telehealth in health professional programs
administered by the Texas Department of Licensing and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 51, Occupations Code, is
amended by adding Section 51.2033 to read as follows:
Sec. 51.2033. PROVISION OF TELEHEALTH.
(a) In this section:
(1) "health professional" means a license holder regulated by
the department who holds a license issued under Title 3,
Occupations Code;
(2) "patient" includes a client, consumer, or similar person
receiving care or services under the laws and rules governing the
applicable health professional program; and
(3) "telehealth service" has the meaning assigned by Section
111.001, Occupations Code.
(b) A health professional may provide telehealth services in
accordance with Chapter 111, Occupations Code, and any requirements
imposed by the laws and rules governing the applicable health
professional program administered by the department. Unless the
context requires otherwise, a reference to a health professional
performing "direct" observation of a patient, or providing "direct"
care or services to a patient, shall include the provision of
telehealth services.
(c) The commission may adopt rules as necessary to:
(1) ensure that patients using telehealth services receive
appropriate, quality care;
(2) prevent abuse and fraud in the use of telehealth services,
including rules relating to the filing of claims and records
required to be maintained in connection with telehealth services;
(3) implement the requirements of Chapter 111, Occupations
Code, or any other law of this state regarding the provision of
telehealth services or the protection of patients receiving
telehealth services;
(4) provide for the remote supervision of assistants and other
authorized persons performing duties within their existing scope of
practice using telecommunications or information technology; and
(5) provide for the remote supervision of experience for
apprentices, interns, or similar trainees, using
telecommunications or information technology.
(d) Rules adopted under this section may include the provision of
remote education or distance learning for public or private
schools, or continuing education.
(e) Nothing in this section shall be interpreted to expand the
existing scope of practice for health professionals, or to
authorize practices or procedures otherwise prohibited by laws or
rules governing health professionals. Rules adopted under this
section are subject to the provisions of Sections 51.2031 and
51.2032 of this chapter.
SECTION 2. Section 402.255(a), Occupations Code, is amended
to read as follows:
(a) A supervisor of a temporary training permit holder must:
(1) be licensed to fit and dispense hearing instruments under
this chapter or Chapter 401, other than Section 401.311 or 401.312;
(2) currently practice in the state of Texas under a license
identified in Subsection (a)(1) [in an established place of
business]; and
(3) be responsible for the direct supervision and education of
a temporary training permit holder.
SECTION 3. Section 403.151, Occupations Code, is amended to
read as follows:
(a) A licensed dyslexia practitioner may practice, and provide
telehealth services from a remote location, only in an educational
setting, including a school, learning center, or clinic.
(b) A licensed dyslexia therapist may practice, and provide
telehealth services from a remote location, in a school, learning
center, clinic, or private practice setting.
(c) License holders may provide telehealth services only in the
practice settings allowed by this section in (a) or (b),
respectively, regardless of the physical location of the license
holder or the recipient of the telehealth services.
SECTION 4. The following provisions of the Occupations Code
are repealed:
(1) Section 401.2022; and
(2) Section 402.1023.
SECTION 5. 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, the
Act takes effect September 1, 2021.