BILL ANALYSIS C.S.H.B. 1700 By: Fairly Public Health Committee Report (Substituted) BACKGROUND AND PURPOSE The bill's author has informed the committee that, during the COVID-19 pandemic, a lack of clarity arose as to how health professionals should implement the state and federal requirements for collecting consent to share, consent to treat, records retention, and other documentation when performing a virtual service, especially when the services were provided via audio-only platforms. According to a study by the House Committee on Public Health following the 87th Regular Session, medical record documentation and retention requirements for telemedicine and in-person services needed to be further addressed. C.S.H.B. 1700 seeks to address this issue by requiring each agency with regulatory authority over a health professional providing certain telehealth services to adopt rules necessary to standardize formats for, and retention of records relating to, a patient's consent to treatment, data collection, and data sharing. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service in SECTION 1 of this bill. ANALYSIS C.S.H.B. 1700 amends the Occupations Code to require each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service to adopt rules necessary to standardize formats for and retention of records related to a patient's consent to treatment, data collection, and data sharing. The rules must address the specific consent documentation required for the applicable type of services and include provisions, based on the appropriate standard of care, for consent documentation in an audio-only format. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE C.S.H.B. 1700 differs from the introduced only by including a Texas Legislative Council draft number in the footer.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 1700
By: Fairly
Public Health
Committee Report (Substituted)
C.S.H.B. 1700
By: Fairly
Public Health
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill's author has informed the committee that, during the COVID-19 pandemic, a lack of clarity arose as to how health professionals should implement the state and federal requirements for collecting consent to share, consent to treat, records retention, and other documentation when performing a virtual service, especially when the services were provided via audio-only platforms. According to a study by the House Committee on Public Health following the 87th Regular Session, medical record documentation and retention requirements for telemedicine and in-person services needed to be further addressed. C.S.H.B. 1700 seeks to address this issue by requiring each agency with regulatory authority over a health professional providing certain telehealth services to adopt rules necessary to standardize formats for, and retention of records relating to, a patient's consent to treatment, data collection, and data sharing.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service in SECTION 1 of this bill.
ANALYSIS C.S.H.B. 1700 amends the Occupations Code to require each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service to adopt rules necessary to standardize formats for and retention of records related to a patient's consent to treatment, data collection, and data sharing. The rules must address the specific consent documentation required for the applicable type of services and include provisions, based on the appropriate standard of care, for consent documentation in an audio-only format.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE C.S.H.B. 1700 differs from the introduced only by including a Texas Legislative Council draft number in the footer.
BACKGROUND AND PURPOSE
The bill's author has informed the committee that, during the COVID-19 pandemic, a lack of clarity arose as to how health professionals should implement the state and federal requirements for collecting consent to share, consent to treat, records retention, and other documentation when performing a virtual service, especially when the services were provided via audio-only platforms. According to a study by the House Committee on Public Health following the 87th Regular Session, medical record documentation and retention requirements for telemedicine and in-person services needed to be further addressed. C.S.H.B. 1700 seeks to address this issue by requiring each agency with regulatory authority over a health professional providing certain telehealth services to adopt rules necessary to standardize formats for, and retention of records relating to, a patient's consent to treatment, data collection, and data sharing.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service in SECTION 1 of this bill.
ANALYSIS
C.S.H.B. 1700 amends the Occupations Code to require each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service to adopt rules necessary to standardize formats for and retention of records related to a patient's consent to treatment, data collection, and data sharing. The rules must address the specific consent documentation required for the applicable type of services and include provisions, based on the appropriate standard of care, for consent documentation in an audio-only format.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
C.S.H.B. 1700 differs from the introduced only by including a Texas Legislative Council draft number in the footer.