Texas 2025 - 89th Regular

Texas House Bill HB1066 Compare Versions

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11 89R3333 KKR-F
22 By: Bhojani H.B. No. 1066
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to conducting certain medical examinations using
1010 telehealth services and telemedicine medical services under the
1111 workers' compensation system.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 408.0041, Labor Code, is amended by
1414 adding Subsection (d-1) to read as follows:
1515 (d-1) In this subsection, "telehealth service" and
1616 "telemedicine medical service" have the meanings assigned by
1717 Section 111.001, Occupations Code. The commissioner may order an
1818 examination under this section to be conducted using telehealth
1919 services or telemedicine medical services if the commissioner
2020 determines conducting the examination in that manner is necessary
2121 to ensure access to a timely examination by a qualified doctor.
2222 During an examination conducted using telehealth services or
2323 telemedicine medical services under this subsection, a health care
2424 professional must be physically present in the room in which the
2525 employee is located to assist in conducting the examination and
2626 administering any necessary testing. The commissioner may adopt
2727 rules related to examinations performed using telehealth services
2828 or telemedicine medical services under this subsection.
2929 SECTION 2. Subchapter G, Chapter 408, Labor Code, is
3030 amended by adding Section 408.1231 to read as follows:
3131 Sec. 408.1231. CONDUCTING CERTAIN MEDICAL EXAMINATIONS
3232 USING TELEHEALTH SERVICES OR TELEMEDICINE MEDICAL SERVICES. (a)
3333 In this section, "telehealth service" and "telemedicine medical
3434 service" have the meanings assigned by Section 111.001, Occupations
3535 Code.
3636 (b) The employee's treating doctor or another doctor
3737 authorized by the division to certify maximum medical improvement
3838 or assign an impairment rating under Section 408.123 may certify
3939 maximum medical improvement or assign an impairment rating during a
4040 medical examination performed by the doctor using telehealth
4141 services or telemedicine medical services if:
4242 (1) the examination is of a musculoskeletal injury or
4343 diagnosis involving:
4444 (A) the hand or upper extremities;
4545 (B) the foot, including toes and heel; or
4646 (C) the spine and musculoskeletal structures of
4747 the torso; or
4848 (2) the commissioner determines there is good cause to
4949 conduct the examination using telehealth services or telemedicine
5050 medical services.
5151 (c) During an examination conducted using telehealth
5252 services or telemedicine medical services under Subsection (b), a
5353 health care professional must be physically present in the room in
5454 which the employee is located to assist in conducting the
5555 examination and administering any necessary testing unless a
5656 doctor:
5757 (1) determined that the employee is not at maximum
5858 medical improvement; or
5959 (2) certified maximum medical improvement during an
6060 examination and based on the examination concluded there was no
6161 possibility of impairment.
6262 (d) The commissioner shall adopt rules necessary to
6363 implement this section.
6464 SECTION 3. Section 408.0041, Labor Code, as amended by this
6565 Act, and Section 408.1231, Labor Code, as added by this Act, apply
6666 only to a medical examination conducted on or after the effective
6767 date of this Act. A medical examination conducted before that date
6868 is governed by the law in effect on the date the examination was
6969 conducted, and the former law is continued in effect for that
7070 purpose.
7171 SECTION 4. This Act takes effect January 1, 2026.