1 | 1 | | 89R3333 KKR-F |
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2 | 2 | | By: Bhojani H.B. No. 1066 |
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4 | 4 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to conducting certain medical examinations using |
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10 | 10 | | telehealth services and telemedicine medical services under the |
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11 | 11 | | workers' compensation system. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 408.0041, Labor Code, is amended by |
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14 | 14 | | adding Subsection (d-1) to read as follows: |
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15 | 15 | | (d-1) In this subsection, "telehealth service" and |
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16 | 16 | | "telemedicine medical service" have the meanings assigned by |
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17 | 17 | | Section 111.001, Occupations Code. The commissioner may order an |
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18 | 18 | | examination under this section to be conducted using telehealth |
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19 | 19 | | services or telemedicine medical services if the commissioner |
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20 | 20 | | determines conducting the examination in that manner is necessary |
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21 | 21 | | to ensure access to a timely examination by a qualified doctor. |
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22 | 22 | | During an examination conducted using telehealth services or |
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23 | 23 | | telemedicine medical services under this subsection, a health care |
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24 | 24 | | professional must be physically present in the room in which the |
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25 | 25 | | employee is located to assist in conducting the examination and |
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26 | 26 | | administering any necessary testing. The commissioner may adopt |
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27 | 27 | | rules related to examinations performed using telehealth services |
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28 | 28 | | or telemedicine medical services under this subsection. |
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29 | 29 | | SECTION 2. Subchapter G, Chapter 408, Labor Code, is |
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30 | 30 | | amended by adding Section 408.1231 to read as follows: |
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31 | 31 | | Sec. 408.1231. CONDUCTING CERTAIN MEDICAL EXAMINATIONS |
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32 | 32 | | USING TELEHEALTH SERVICES OR TELEMEDICINE MEDICAL SERVICES. (a) |
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33 | 33 | | In this section, "telehealth service" and "telemedicine medical |
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34 | 34 | | service" have the meanings assigned by Section 111.001, Occupations |
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35 | 35 | | Code. |
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36 | 36 | | (b) The employee's treating doctor or another doctor |
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37 | 37 | | authorized by the division to certify maximum medical improvement |
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38 | 38 | | or assign an impairment rating under Section 408.123 may certify |
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39 | 39 | | maximum medical improvement or assign an impairment rating during a |
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40 | 40 | | medical examination performed by the doctor using telehealth |
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41 | 41 | | services or telemedicine medical services if: |
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42 | 42 | | (1) the examination is of a musculoskeletal injury or |
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43 | 43 | | diagnosis involving: |
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44 | 44 | | (A) the hand or upper extremities; |
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45 | 45 | | (B) the foot, including toes and heel; or |
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46 | 46 | | (C) the spine and musculoskeletal structures of |
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47 | 47 | | the torso; or |
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48 | 48 | | (2) the commissioner determines there is good cause to |
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49 | 49 | | conduct the examination using telehealth services or telemedicine |
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50 | 50 | | medical services. |
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51 | 51 | | (c) During an examination conducted using telehealth |
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52 | 52 | | services or telemedicine medical services under Subsection (b), a |
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53 | 53 | | health care professional must be physically present in the room in |
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54 | 54 | | which the employee is located to assist in conducting the |
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55 | 55 | | examination and administering any necessary testing unless a |
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56 | 56 | | doctor: |
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57 | 57 | | (1) determined that the employee is not at maximum |
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58 | 58 | | medical improvement; or |
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59 | 59 | | (2) certified maximum medical improvement during an |
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60 | 60 | | examination and based on the examination concluded there was no |
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61 | 61 | | possibility of impairment. |
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62 | 62 | | (d) The commissioner shall adopt rules necessary to |
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63 | 63 | | implement this section. |
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64 | 64 | | SECTION 3. Section 408.0041, Labor Code, as amended by this |
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65 | 65 | | Act, and Section 408.1231, Labor Code, as added by this Act, apply |
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66 | 66 | | only to a medical examination conducted on or after the effective |
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67 | 67 | | date of this Act. A medical examination conducted before that date |
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68 | 68 | | is governed by the law in effect on the date the examination was |
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69 | 69 | | conducted, and the former law is continued in effect for that |
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70 | 70 | | purpose. |
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71 | 71 | | SECTION 4. This Act takes effect January 1, 2026. |
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