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  87R23438 JG-F
 
  By: A. Johnson of Harris H.B. No. 4671
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a pilot program to provide
  telemedicine medical services to certain cancer patients receiving
  pain management services and supportive palliative care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 2, Health and Safety Code, is
  amended by adding Chapter 44 to read as follows:
  CHAPTER 44. PILOT PROGRAM TO PROVIDE TELEMEDICINE MEDICAL SERVICES
  TO CERTAIN CANCER PATIENTS  
         Sec. 44.001.  DEFINITIONS. In this chapter:
               (1)  "Center" means The University of Texas M. D.
  Anderson Cancer Center.
               (2)  "Health care provider" means a person other than a
  physician who is licensed, certified, or otherwise authorized by
  the laws of this state to provide or render health care or to
  dispense or prescribe a prescription drug in the ordinary course of
  business or practice of a profession.
               (3)  "Physician" means a person licensed to practice
  medicine in this state under Subtitle B, Title 3, Occupations Code.
               (4)  "Pilot program" means the pilot program
  established under this chapter.
               (5)  "Supportive palliative care" has the meaning
  assigned by Section 142A.0001.
               (6)  "Telemedicine medical service" has the meaning
  assigned by Section 111.001, Occupations Code.
         Sec. 44.002.  ESTABLISHMENT OF PILOT PROGRAM. (a) The
  center shall develop and implement a pilot program authorizing a
  physician or other health care provider to prescribe, through a
  telemedicine medical service, drugs for pain management or
  supportive palliative care to a patient with a current or previous
  cancer diagnosis and to provide other telemedicine medical services
  to those patients.
         (b)  For purposes of a drug prescribed under the pilot
  program, Section 481.07636 and any rule adopted by the Texas
  Medical Board prohibiting or limiting the prescribing of opioids or
  other treatment of chronic pain through the provision of a
  telemedicine medical service do not apply.
         Sec. 44.003.  REPORT. Not later than January 1, 2023, the
  center shall prepare and submit to the legislature and the Texas
  Medical Board a written report on the pilot program that includes:
               (1)  the number of patients who receive pain management
  services or supportive palliative care through telemedicine
  medical services under the pilot program;
               (2)  an estimate of patient attendance rates during the
  two biennia preceding August 31, 2021, for scheduled in-person
  visits compared to telemedicine medical service appointments for
  pain management services or supportive palliative care; 
               (3)  an evaluation of and recommendations for
  improvements to the pilot program; and
               (4)  recommendations for the expansion of the pilot
  program.
         Sec. 44.004.  EXPIRATION. The pilot program terminates and
  this chapter expires August 31, 2023.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, The University of Texas M. D. Anderson Cancer Center
  shall develop and implement the pilot program as required by
  Chapter 44, Health and Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.