| 1 | 1 | | 88R6661 MEW/BEE-D |
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| 2 | 2 | | By: Shaheen H.B. No. 1390 |
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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 telemedicine medical services and telehealth services |
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| 8 | 8 | | covered by certain health benefit plans or provided by a |
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| 9 | 9 | | pharmacist. |
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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. Section 1455.001(1-a), Insurance Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (1-a) "Health professional" means: |
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| 14 | 14 | | (A) a physician; |
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| 15 | 15 | | (B) an individual who is: |
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| 16 | 16 | | (i) licensed or certified in this state to |
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| 17 | 17 | | perform health care services; and |
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| 18 | 18 | | (ii) authorized to assist: |
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| 19 | 19 | | (a) a physician in providing |
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| 20 | 20 | | telemedicine medical services that are delegated and supervised by |
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| 21 | 21 | | the physician; or |
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| 22 | 22 | | (b) a dentist in providing |
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| 23 | 23 | | teledentistry dental services that are delegated and supervised by |
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| 24 | 24 | | the dentist; |
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| 25 | 25 | | (C) a licensed or certified health professional, |
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| 26 | 26 | | including a mental health professional, acting within the scope of |
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| 27 | 27 | | the license or certification who does not perform a telemedicine |
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| 28 | 28 | | medical service or a teledentistry dental service; [or] |
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| 29 | 29 | | (D) a dentist; or |
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| 30 | 30 | | (E) an individual who is credentialed to provide |
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| 31 | 31 | | qualified mental health professional community services, has |
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| 32 | 32 | | demonstrated and documented competency in the work to be performed, |
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| 33 | 33 | | and: |
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| 34 | 34 | | (i) holds a bachelor's or more advanced |
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| 35 | 35 | | degree from an accredited institution of higher education with a |
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| 36 | 36 | | minimum number of hours that is equivalent to a major in psychology, |
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| 37 | 37 | | social work, medicine, nursing, rehabilitation, counseling, |
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| 38 | 38 | | sociology, human growth and development, physician assistant |
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| 39 | 39 | | studies, gerontology, special education, educational psychology, |
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| 40 | 40 | | early childhood education, or early childhood intervention; |
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| 41 | 41 | | (ii) is a registered nurse; or |
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| 42 | 42 | | (iii) completes an alternative |
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| 43 | 43 | | credentialing process identified by the Health and Human Services |
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| 44 | 44 | | Commission. |
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| 45 | 45 | | SECTION 2. Section 554.005, Occupations Code, is amended by |
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| 46 | 46 | | adding Subsection (d) to read as follows: |
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| 47 | 47 | | (d) In implementing Subsection (a)(3)(C)(iv), the board may |
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| 48 | 48 | | not require the in-person counseling of patients. |
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| 49 | 49 | | SECTION 3. Chapter 1455, Insurance Code, as amended by this |
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| 50 | 50 | | Act, applies only to a health benefit plan delivered, issued for |
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| 51 | 51 | | delivery, or renewed on or after January 1, 2024. A health benefit |
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| 52 | 52 | | plan delivered, issued for delivery, or renewed before January 1, |
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| 53 | 53 | | 2024, is governed by the law as it existed immediately before the |
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| 54 | 54 | | effective date of this Act, and that law is continued in effect for |
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| 55 | 55 | | that purpose. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2023. |
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