Texas 2021 - 87th Regular

Texas Senate Bill SB40 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 40
	1	+	By: Zaffirini, et al. S.B. No. 40
	2	+	(Price)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the provision of telehealth services by certain health
6	8		professionals licensed by the Texas Department of Licensing and
7	9		Regulation.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 51, Occupations Code, is amended by
10	12		adding Subchapter J to read as follows:
11	13		SUBCHAPTER J. PRACTICE BY CERTAIN LICENSE HOLDERS
12	14		Sec. 51.501. TELEHEALTH. (a) In this section:
13	15		(1) "Health professional" means a person who holds a
14	16		license issued by the department under Title 3.
15	17		(2) "Patient" means a client, consumer, or other
16	18		person receiving care or services from a health professional.
17	19		(3) "Telehealth service" has the meaning assigned by
18	20		Section 111.001.
19	21		(b) A health professional may provide telehealth services
20	22		in accordance with Chapter 111 and any requirements imposed by the
21	23		law and rules governing practice by the health professional.
22	24		(c) Unless the context indicates otherwise, a reference in
23	25		Title 3 or a rule adopted under that title to direct observation of
24	26		a patient by a health professional or direct care or services
25	27		provided to a patient by a health professional includes the
26	28		provision of that observation, care, or service using telehealth
27	29		services.
28	30		(d) The commission may adopt rules as necessary to:
29	31		(1) ensure that patients receiving telehealth
30	32		services receive appropriate, quality care;
31	33		(2) prevent abuse and fraud in the use of telehealth
32	34		services, including rules relating to the filing of claims and
33	35		records required to be maintained in connection with telehealth
34	36		services;
35	37		(3) implement the requirements of Chapter 111 or other
36	38		laws of this state regarding the provision of telehealth services
37	39		or the protection of patients receiving telehealth services;
38	40		(4) provide for the remote supervision of assistants
39	41		and other authorized persons performing duties within their
40	42		existing scope of practice using telecommunications or information
41	43		technology; and
42	44		(5) provide for the remote supervision of experience
43	45		for apprentices, interns, or other similar trainees using
44	46		telecommunications or information technology.
45	47		(e) Rules under this section may allow for the provision of:
46	48		(1) remote education or distance learning for public
47	49		or private schools; and
48	50		(2) continuing education using telecommunications or
49	51		information technology.
50	52		(f) The adoption of rules under this section is subject to
51	53		Sections 51.2031 and 51.2032.
52	54		(g) This section may not be interpreted to:
53	55		(1) expand the scope of practice of a health
54	56		professional; or
55	57		(2) authorize a practice or procedure otherwise
56	58		prohibited by the law or rules governing a health professional.
57	59		SECTION 2. Section 402.255(a), Occupations Code, is amended
58	60		to read as follows:
59	61		(a) A supervisor of a temporary training permit holder must:
60	62		(1) be licensed to fit and dispense hearing
61	63		instruments under this chapter or Chapter 401, other than Section
62	64		401.311 or 401.312;
63	65		(2) currently practice in this state under a license
64	66		described by Subdivision (1) [an established place of business];
65	67		and
66	68		(3) be responsible for the direct supervision and
67	69		education of a temporary training permit holder.
68	70		SECTION 3. Section 403.151, Occupations Code, is amended to
69	71		read as follows:
70	72		Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia
71	73		practitioner may practice only in, or provide telehealth services
72	74		from a remote location only to, an educational setting, including a
73	75		school, learning center, or clinic.
74	76		(b) A licensed dyslexia therapist may practice in, or
75	77		provide telehealth services from a remote location to, a school,
76	78		learning center, clinic, or private practice setting.
77	79		(c) A license holder may provide telehealth services only in
78	80		a practice setting described by this section, regardless of the
79	81		physical location of the license holder or the recipient of the
80	82		telehealth services.
81	83		SECTION 4. The following provisions of the Occupations Code
82	84		are repealed:
83	85		(1) Section 401.2022; and
84	86		(2) Section 402.1023.
85	87		SECTION 5. This Act takes effect immediately if it receives
86	88		a vote of two-thirds of all the members elected to each house, as
87	89		provided by Section 39, Article III, Texas Constitution. If this
88	90		Act does not receive the vote necessary for immediate effect, this
89	91		Act takes effect September 1, 2021.
90		-	______________________________ ______________________________
91		-	President of the Senate Speaker of the House
92		-	I hereby certify that S.B. No. 40 passed the Senate on
93		-	April 13, 2021, by the following vote: Yeas 31, Nays 0.
94		-	______________________________
95		-	Secretary of the Senate
96		-	I hereby certify that S.B. No. 40 passed the House on
97		-	May 18, 2021, by the following vote: Yeas 135, Nays 2, two present
98		-	not voting.
99		-	______________________________
100		-	Chief Clerk of the House
101		-	Approved:
102		-	______________________________
103		-	Date
104		-	______________________________
105		-	Governor