Texas 2023 - 88th Regular

Texas House Bill HB592 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R747 BEE-D
2	2	By: Shaheen H.B. No. 592
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of telehealth and telemedicine medical
8	8	services by certain health professionals located outside of this
9	9	state; requiring registration to engage in an occupation;
10	10	authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 1455.001(1-a) and (2), Insurance Code,
13	13	are amended to read as follows:
14	14	(1-a) "Health professional" means:
15	15	(A) a physician;
16	16	(B) an individual who is:
17	17	(i) licensed or certified in this state or
18	18	by a licensing agency in another state to perform health care
19	19	services; and
20	20	(ii) authorized to assist[:
21	21	[(a)] a physician in providing
22	22	telemedicine medical services that are delegated and supervised by
23	23	the physician; [or
24	24	[(b) a dentist in providing
25	25	teledentistry dental services that are delegated and supervised by
26	26	the dentist;]
27	27	(C) an individual who is:
28	28	(i) licensed or certified in this state to
29	29	perform health care services; and
30	30	(ii) authorized to assist a dentist in
31	31	providing teledentistry dental services that are delegated and
32	32	supervised by the dentist;
33	33	(D) [(C)] a licensed or certified health
34	34	professional acting within the scope of the license or
35	35	certification who does not perform a telemedicine medical service
36	36	or a teledentistry dental service; or
37	37	(E) [(D)] a dentist.
38	38	(2) "Physician" means a person licensed to practice
39	39	medicine in this state under Subtitle B, Title 3, Occupations Code,
40	40	or by a licensing agency in another state.
41	41	SECTION 2. Sections 111.001(3) and (4), Occupations Code,
42	42	are amended to read as follows:
43	43	(3) "Telehealth service" means a health service, other
44	44	than a telemedicine medical service or a teledentistry dental
45	45	service, delivered by a health professional [licensed, certified,
46	46	or otherwise entitled to practice in this state and] acting within
47	47	the scope of the health professional's license, certification, or
48	48	entitlement to a patient at a different physical location than the
49	49	health professional using telecommunications or information
50	50	technology.
51	51	(4) "Telemedicine medical service" means a health care
52	52	service delivered by a physician [licensed in this state], or a
53	53	health professional acting under the delegation and supervision of
54	54	a physician [licensed in this state], and acting within the scope of
55	55	the physician's or health professional's license to a patient at a
56	56	different physical location than the physician or health
57	57	professional using telecommunications or information technology.
58	58	SECTION 3. Chapter 111, Occupations Code, is amended by
59	59	adding Section 111.010 to read as follows:
60	60	Sec. 111.010. PROVISION OF TELEHEALTH OR TELEMEDICINE
61	61	MEDICAL SERVICE BY HEALTH PROFESSIONAL LOCATED OUTSIDE OF STATE.
62	62	(a) In this section:
63	63	(1) "Commission" means the Texas Commission of
64	64	Licensing and Regulation.
65	65	(2) "Department" means the Texas Department of
66	66	Licensing and Regulation.
67	67	(b) Notwithstanding any other law requiring licensure or
68	68	certification in this state, a health professional located outside
69	69	of this state who does not hold a license or certification issued by
70	70	an agency of this state may provide a telehealth or telemedicine
71	71	medical service under this chapter if the health professional:
72	72	(1) holds a current and unrestricted license or
73	73	certification authorizing the health professional to provide the
74	74	service and that is issued by a licensing agency of another state;
75	75	(2) has not been and is not currently the subject of a
76	76	disciplinary proceeding with respect to the license or
77	77	certification described by Subdivision (1); and
78	78	(3) registers with the applicable licensing agency of
79	79	this state as provided by this section.
80	80	(c) The agency of this state responsible for regulating the
81	81	performance of a health care service in this state or the
82	82	department, if no agency of this state is responsible for
83	83	regulating the performance of the service in this state, shall:
84	84	(1) register a health professional described by
85	85	Subsection (a) to provide telehealth or telemedicine medical
86	86	services to patients in this state if the health professional:
87	87	(A) submits an application to the agency or
88	88	department, as applicable, in the format required by agency or
89	89	commission rule, as applicable; and
90	90	(B) pays a registration fee established by rule
91	91	by the agency or commission, as applicable; and
92	92	(2) adopt rules necessary to implement this section.
93	93	(d) A rule adopted under Subsection (c)(2) must provide that
94	94	a health professional who provides a telehealth or telemedicine
95	95	medical service under this section shall:
96	96	(1) comply fully with all applicable laws of this
97	97	state, including scope of practice, telehealth or telemedicine
98	98	requirements, and standards of care;
99	99	(2) maintain liability insurance in accordance with
100	100	the laws of this state, as applicable;
101	101	(3) consent to the jurisdiction of this state's courts
102	102	for any litigation arising from the provision of a telehealth or
103	103	telemedicine medical service under this section; and
104	104	(4) be subject to investigation and disciplinary
105	105	action for a violation of a rule adopted under Subsection (c)(2),
106	106	including the referral of the violation to the licensing agency in
107	107	the state that issued the license to the health professional.
108	108	SECTION 4. Section 1455.001, Insurance Code, as amended by
109	109	this Act, applies only to a health benefit plan delivered, issued
110	110	for delivery, or renewed on or after January 1, 2024. A health
111	111	benefit plan delivered, issued for delivery, or renewed before
112	112	January 1, 2024, is governed by the law as it existed immediately
113	113	before the effective date of this Act, and that law is continued in
114	114	effect for that purpose.
115	115	SECTION 5. This Act takes effect September 1, 2023.