88R25373 KKR-F
By: Bhojani, Cole, Lambert, Isaac, H.B. No. 4524
Neave Criado
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.
During an examination conducted using telehealth services or
telemedicine medical services under this subsection, a health care
professional 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 examination is of a musculoskeletal injury or
diagnosis involving:
(A) the hand or upper extremities;
(B) the foot, including toes and heel; or
(C) the spine and musculoskeletal structures of
the torso; or
(2) 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 professional 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 January 1, 2024.