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AN ACT
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relating to the provision of telehealth services by certain health |
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professionals licensed by the Texas Department of Licensing and |
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Regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Occupations Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. PRACTICE BY CERTAIN LICENSE HOLDERS |
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Sec. 51.501. TELEHEALTH. (a) In this section: |
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(1) "Health professional" means a person who holds a |
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license issued by the department under Title 3. |
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(2) "Patient" means a client, consumer, or other |
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person receiving care or services from a health professional. |
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(3) "Telehealth service" has the meaning assigned by |
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Section 111.001. |
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(b) A health professional may provide telehealth services |
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in accordance with Chapter 111 and any requirements imposed by the |
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law and rules governing practice by the health professional. |
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(c) Unless the context indicates otherwise, a reference in |
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Title 3 or a rule adopted under that title to direct observation of |
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a patient by a health professional or direct care or services |
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provided to a patient by a health professional includes the |
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provision of that observation, care, or service using telehealth |
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services. |
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(d) The commission may adopt rules as necessary to: |
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(1) ensure that patients receiving telehealth |
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services receive appropriate, quality care; |
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(2) prevent abuse and fraud in the use of telehealth |
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services, including rules relating to the filing of claims and |
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records required to be maintained in connection with telehealth |
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services; |
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(3) implement the requirements of Chapter 111 or other |
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laws of this state regarding the provision of telehealth services |
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or the protection of patients receiving telehealth services; |
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(4) provide for the remote supervision of assistants |
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and other authorized persons performing duties within their |
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existing scope of practice using telecommunications or information |
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technology; and |
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(5) provide for the remote supervision of experience |
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for apprentices, interns, or other similar trainees using |
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telecommunications or information technology. |
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(e) Rules under this section may allow for the provision of: |
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(1) remote education or distance learning for public |
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or private schools; and |
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(2) continuing education using telecommunications or |
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information technology. |
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(f) The adoption of rules under this section is subject to |
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Sections 51.2031 and 51.2032. |
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(g) This section may not be interpreted to: |
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(1) expand the scope of practice of a health |
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professional; or |
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(2) authorize a practice or procedure otherwise |
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prohibited by the law or rules governing a health professional. |
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SECTION 2. Section 402.255(a), Occupations Code, is amended |
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to read as follows: |
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(a) A supervisor of a temporary training permit holder must: |
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(1) be licensed to fit and dispense hearing |
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instruments under this chapter or Chapter 401, other than Section |
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401.311 or 401.312; |
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(2) currently practice in this state under a license |
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described by Subdivision (1) [an established place of business]; |
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and |
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(3) be responsible for the direct supervision and |
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education of a temporary training permit holder. |
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SECTION 3. Section 403.151, Occupations Code, is amended to |
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read as follows: |
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Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia |
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practitioner may practice only in, or provide telehealth services |
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from a remote location only to, an educational setting, including a |
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school, learning center, or clinic. |
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(b) A licensed dyslexia therapist may practice in, or |
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provide telehealth services from a remote location to, a school, |
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learning center, clinic, or private practice setting. |
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(c) A license holder may provide telehealth services only in |
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a practice setting described by this section, regardless of the |
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physical location of the license holder or the recipient of the |
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telehealth services. |
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SECTION 4. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 401.2022; and |
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(2) Section 402.1023. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 40 passed the Senate on |
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April 13, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 40 passed the House on |
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May 18, 2021, by the following vote: Yeas 135, Nays 2, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |