BILL ANALYSIS Senate Research Center S.B. 397 89R4565 AND-D By: Sparks Health & Human Services 3/24/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Telehealth services have rapidly expanded in recent years, particularly in response to the COVID-19 pandemic, which significantly increased demand for remote healthcare solutions. Recognizing this shift, the 87th Texas Legislature passed H.B. 4 to enhance telehealth accessibility and regulatory oversight. Building on these efforts, H.B. 1771 was introduced in the subsequent legislative session to standardize patient consent procedures for telemedicine, teledentistry, and telehealth services. While the bill passed overwhelmingly in both chambers, it ultimately failed in the conference committee. Given the ongoing reliance on telehealth by healthcare providers and patients alike, further regulatory reform is necessary to ensure consistency, compliance, and accessibility. S.B. 397 seeks to strengthen and standardize telehealth regulations by addressing key gaps in current compliance and documentation procedures. Specifically, the bill mandates that regulatory agencies overseeing telemedicine, teledentistry, and telehealth services implement uniform rules governing patient consent for treatment, data collection, and data sharing. These requirements will help ensure clarity and legal consistency for providers while protecting patient rights. Additionally, the legislation stipulates that healthcare professionals must conduct an in-person examination before performing any irreversible medical procedure, reinforcing patient safety and the standard of care. By codifying these measures, S.B. 397 aims to enhance the reliability and effectiveness of telehealth services across Texas, supporting both healthcare professionals and the patients they serve. As proposed, S.B. 397 amends current law relating to rules regarding the provision by a health professional of a telemedicine medical service, teledentistry dental service, or telehealth service. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to agencies with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service in SECTION 1 (Section 111.004, Occupations Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 111.004, Occupations Code, by adding Subsections (c), (d), and (e), as follows: (c) Requires 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. (d) Requires that rules adopted under Subsection (c), as applicable, address the specific consent documentation required for telemedicine medical services, teledentistry dental services, or telehealth services, and include provisions, based on the appropriate standard of care, for consent documentation in an audio-only format. (e) Requires that rules adopted under Section 111.004 (Rules) require that a health professional conduct an in-person examination of a patient before an irreversible medical procedure is initiated. SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 397
89R4565 AND-D By: Sparks
Health & Human Services
3/24/2025
As Filed
Senate Research Center
S.B. 397
89R4565 AND-D
By: Sparks
Health & Human Services
3/24/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Telehealth services have rapidly expanded in recent years, particularly in response to the COVID-19 pandemic, which significantly increased demand for remote healthcare solutions. Recognizing this shift, the 87th Texas Legislature passed H.B. 4 to enhance telehealth accessibility and regulatory oversight. Building on these efforts, H.B. 1771 was introduced in the subsequent legislative session to standardize patient consent procedures for telemedicine, teledentistry, and telehealth services. While the bill passed overwhelmingly in both chambers, it ultimately failed in the conference committee.
Given the ongoing reliance on telehealth by healthcare providers and patients alike, further regulatory reform is necessary to ensure consistency, compliance, and accessibility. S.B. 397 seeks to strengthen and standardize telehealth regulations by addressing key gaps in current compliance and documentation procedures. Specifically, the bill mandates that regulatory agencies overseeing telemedicine, teledentistry, and telehealth services implement uniform rules governing patient consent for treatment, data collection, and data sharing. These requirements will help ensure clarity and legal consistency for providers while protecting patient rights.
Additionally, the legislation stipulates that healthcare professionals must conduct an in-person examination before performing any irreversible medical procedure, reinforcing patient safety and the standard of care. By codifying these measures, S.B. 397 aims to enhance the reliability and effectiveness of telehealth services across Texas, supporting both healthcare professionals and the patients they serve.
As proposed, S.B. 397 amends current law relating to rules regarding the provision by a health professional of a telemedicine medical service, teledentistry dental service, or telehealth service.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to agencies with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service in SECTION 1 (Section 111.004, Occupations Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 111.004, Occupations Code, by adding Subsections (c), (d), and (e), as follows:
(c) Requires 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.
(d) Requires that rules adopted under Subsection (c), as applicable, address the specific consent documentation required for telemedicine medical services, teledentistry dental services, or telehealth services, and include provisions, based on the appropriate standard of care, for consent documentation in an audio-only format.
(e) Requires that rules adopted under Section 111.004 (Rules) require that a health professional conduct an in-person examination of a patient before an irreversible medical procedure is initiated.
SECTION 2. Effective date: September 1, 2025.