S.B. No. 40
AN ACT
relating to the provision of telehealth services by certain health
professionals licensed by the Texas Department of Licensing and
Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Occupations Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. PRACTICE BY CERTAIN LICENSE HOLDERS
Sec. 51.501. TELEHEALTH. (a) In this section:
(1) "Health professional" means a person who holds a
license issued by the department under Title 3.
(2) "Patient" means a client, consumer, or other
person receiving care or services from a health professional.
(3) "Telehealth service" has the meaning assigned by
Section 111.001.
(b) A health professional may provide telehealth services
in accordance with Chapter 111 and any requirements imposed by the
law and rules governing practice by the health professional.
(c) Unless the context indicates otherwise, a reference in
Title 3 or a rule adopted under that title to direct observation of
a patient by a health professional or direct care or services
provided to a patient by a health professional includes the
provision of that observation, care, or service using telehealth
services.
(d) The commission may adopt rules as necessary to:
(1) ensure that patients receiving 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 or other
laws 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 other similar trainees using
telecommunications or information technology.
(e) Rules under this section may allow for the provision of:
(1) remote education or distance learning for public
or private schools; and
(2) continuing education using telecommunications or
information technology.
(f) The adoption of rules under this section is subject to
Sections 51.2031 and 51.2032.
(g) This section may not be interpreted to:
(1) expand the scope of practice of a health
professional; or
(2) authorize a practice or procedure otherwise
prohibited by the law or rules governing a health professional.
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 this state under a license
described by Subdivision (1) [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:
Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia
practitioner may practice only in, or provide telehealth services
from a remote location only to, an educational setting, including a
school, learning center, or clinic.
(b) A licensed dyslexia therapist may practice in, or
provide telehealth services from a remote location to, a school,
learning center, clinic, or private practice setting.
(c) A license holder may provide telehealth services only in
a practice setting described by this section, 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, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 40 passed the Senate on
April 13, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 40 passed the House on
May 18, 2021, by the following vote: Yeas 135, Nays 2, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor