By: Bhojani, et al. (Senate Sponsor - Hall) H.B. No. 4524
(In the Senate - Received from the House May 10, 2023;
May 11, 2023, read first time and referred to Committee on Business &
Commerce; May 22, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 11, Nays 0;
May 22, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4524 By: King
A BILL TO BE ENTITLED
AN ACT
relating to conducting certain medical examinations using
telemedicine under the workers' compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.0041, Labor Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) In this subsection, "telehealth services" and
"telemedicine medical services" have the meanings assigned by
Section 111.001, Occupations Code. The commissioner may order an
examination under this section to be conducted using telehealth
services or telemedicine medical services if the commissioner
determines conducting the examination in that manner is necessary
to ensure access to a timely examination by a qualified doctor and
the employee consents to the use of telehealth services or
telemedicine medical services in conducting the examination.
During an examination conducted using telehealth services or
telemedicine medical services under this subsection, a health care
practitioner must be physically present in the room in which the
employee is located to assist in conducting the examination and
administering any necessary testing. The commissioner may adopt
rules related to examinations performed using telehealth services
or telemedicine medical services under this subsection.
SECTION 2. Subchapter G, Chapter 408, Labor Code, is
amended by adding Section 408.1231 to read as follows:
Sec. 408.1231. CONDUCTING CERTAIN MEDICAL EXAMINATIONS
USING TELEHEALTH SERVICES OR TELEMEDICINE MEDICAL SERVICES. (a)
In this section, "telehealth services" and "telemedicine medical
services" have the meanings assigned by Section 111.001,
Occupations Code.
(b) The employee's treating doctor or another doctor
authorized by the division to certify maximum medical improvement
or assign an impairment rating under Section 408.123 may certify
maximum medical improvement or assign an impairment rating during a
medical examination performed by the doctor using telehealth
services or telemedicine medical services if:
(1) the employee consents to the use of telehealth
services or telemedicine medical services in conducting the
examination; and
(2) either:
(A) the examination is of a musculoskeletal
injury or diagnosis involving:
(i) the hand or upper extremities;
(ii) the foot, including toes and heel; or
(ii) the spine and musculoskeletal
structures of the torso; or
(B) the commissioner determines there is good
cause to conduct the examination using telehealth services or
telemedicine medical services.
(c) During an examination conducted using telehealth
services or telemedicine medical services under Subsection (b), a
health care practitioner must be physically present in the room in
which the employee is located to assist in conducting the
examination and administering any necessary testing unless a
doctor:
(1) determined that the employee is not at maximum
medical improvement; or
(2) certified maximum medical improvement during an
examination and based on the examination concluded there was no
possibility of impairment.
(d) The commissioner shall adopt rules necessary to
implement this section.
SECTION 3. Section 408.0041, Labor Code, as amended by this
Act, and Section 408.1231, Labor Code, as added by this Act, apply
only to a medical examination conducted on or after the effective
date of this Act. A medical examination conducted before that date
is governed by the law in effect on the date the examination was
conducted, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect March 1, 2024.
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