88R747 BEE-D
By: Shaheen H.B. No. 592
A BILL TO BE ENTITLED
AN ACT
relating to the provision of telehealth and telemedicine medical
services by certain health professionals located outside of this
state; requiring registration to engage in an occupation;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1455.001(1-a) and (2), Insurance Code,
are amended to read as follows:
(1-a) "Health professional" means:
(A) a physician;
(B) an individual who is:
(i) licensed or certified in this state or
by a licensing agency in another state to perform health care
services; and
(ii) authorized to assist[:
[(a)] a physician in providing
telemedicine medical services that are delegated and supervised by
the physician; [or
[(b) a dentist in providing
teledentistry dental services that are delegated and supervised by
the dentist;]
(C) an individual who is:
(i) licensed or certified in this state to
perform health care services; and
(ii) authorized to assist a dentist in
providing teledentistry dental services that are delegated and
supervised by the dentist;
(D) [(C)] a licensed or certified health
professional acting within the scope of the license or
certification who does not perform a telemedicine medical service
or a teledentistry dental service; or
(E) [(D)] a dentist.
(2) "Physician" means a person licensed to practice
medicine in this state under Subtitle B, Title 3, Occupations Code,
or by a licensing agency in another state.
SECTION 2. Sections 111.001(3) and (4), Occupations Code,
are amended to read as follows:
(3) "Telehealth service" means a health service, other
than a telemedicine medical service or a teledentistry dental
service, delivered by a health professional [licensed, certified,
or otherwise entitled to practice in this state and] acting within
the scope of the health professional's license, certification, or
entitlement to a patient at a different physical location than the
health professional using telecommunications or information
technology.
(4) "Telemedicine medical service" means a health care
service delivered by a physician [licensed in this state], or a
health professional acting under the delegation and supervision of
a physician [licensed in this state], and acting within the scope of
the physician's or health professional's license to a patient at a
different physical location than the physician or health
professional using telecommunications or information technology.
SECTION 3. Chapter 111, Occupations Code, is amended by
adding Section 111.010 to read as follows:
Sec. 111.010. PROVISION OF TELEHEALTH OR TELEMEDICINE
MEDICAL SERVICE BY HEALTH PROFESSIONAL LOCATED OUTSIDE OF STATE.
(a) In this section:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(b) Notwithstanding any other law requiring licensure or
certification in this state, a health professional located outside
of this state who does not hold a license or certification issued by
an agency of this state may provide a telehealth or telemedicine
medical service under this chapter if the health professional:
(1) holds a current and unrestricted license or
certification authorizing the health professional to provide the
service and that is issued by a licensing agency of another state;
(2) has not been and is not currently the subject of a
disciplinary proceeding with respect to the license or
certification described by Subdivision (1); and
(3) registers with the applicable licensing agency of
this state as provided by this section.
(c) The agency of this state responsible for regulating the
performance of a health care service in this state or the
department, if no agency of this state is responsible for
regulating the performance of the service in this state, shall:
(1) register a health professional described by
Subsection (a) to provide telehealth or telemedicine medical
services to patients in this state if the health professional:
(A) submits an application to the agency or
department, as applicable, in the format required by agency or
commission rule, as applicable; and
(B) pays a registration fee established by rule
by the agency or commission, as applicable; and
(2) adopt rules necessary to implement this section.
(d) A rule adopted under Subsection (c)(2) must provide that
a health professional who provides a telehealth or telemedicine
medical service under this section shall:
(1) comply fully with all applicable laws of this
state, including scope of practice, telehealth or telemedicine
requirements, and standards of care;
(2) maintain liability insurance in accordance with
the laws of this state, as applicable;
(3) consent to the jurisdiction of this state's courts
for any litigation arising from the provision of a telehealth or
telemedicine medical service under this section; and
(4) be subject to investigation and disciplinary
action for a violation of a rule adopted under Subsection (c)(2),
including the referral of the violation to the licensing agency in
the state that issued the license to the health professional.
SECTION 4. Section 1455.001, Insurance Code, as amended by
this Act, applies only to a health benefit plan delivered, issued
for delivery, or renewed on or after January 1, 2024. A health
benefit plan delivered, issued for delivery, or renewed before
January 1, 2024, is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.