By Maxey H.B. No. 974
77R4831 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the practice of teledentistry.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 251.003, Occupations Code, is amended by
1-5 adding Subsection (d) to read as follows:
1-6 (d) A person located in another state practices dentistry in
1-7 this state if the person through the use of any medium, including
1-8 an electronic medium, performs an act that constitutes the practice
1-9 of dentistry on a patient in this state.
1-10 SECTION 2. Section 262.151(a), Occupations Code, is amended
1-11 to read as follows:
1-12 (a) A licensed dentist may delegate orally, [or] in writing,
1-13 or through advanced audio and video telecommunications services a
1-14 service, task, or procedure to a dental hygienist who is under the
1-15 supervision and responsibility of the dentist, if:
1-16 (1) the dental hygienist is licensed to perform the
1-17 service, task, or procedure;
1-18 (2) the supervising dentist examines the patient
1-19 either in person or through advanced audio and video
1-20 telecommunications services:
1-21 (A) at the time the service, task, or procedure
1-22 is performed by the dental hygienist; or
1-23 (B) during the 12 calendar months preceding the
1-24 date of performance of the service, task, or procedure by the
2-1 dental hygienist; and
2-2 (3) the dental hygienist does not:
2-3 (A) diagnose a dental disease or ailment;
2-4 (B) prescribe a treatment or a regimen;
2-5 (C) prescribe, order, or dispense medication; or
2-6 (D) perform any procedure that is irreversible
2-7 or involves the intentional cutting of soft or hard tissue by any
2-8 means.
2-9 SECTION 3. Subchapter B, Chapter 531, Government Code, is
2-10 amended by adding Section 531.02171 to read as follows:
2-11 Sec. 531.02171. REIMBURSEMENT FOR CERTAIN DENTAL
2-12 CONSULTATIONS. (a) In this section:
2-13 (1) "Dental professional" means a:
2-14 (A) dentist licensed under Subtitle D, Title 3,
2-15 Occupations Code; or
2-16 (B) dental hygienist licensed under Chapter 262,
2-17 Occupations Code, practicing under the supervision of a dentist.
2-18 (2) "Teledental consultation" means a dental
2-19 consultation between dental professionals for purposes of patient
2-20 diagnosis or treatment that requires the use of advanced
2-21 telecommunications technology, including:
2-22 (A) compressed digital interactive video, audio,
2-23 or data transmission;
2-24 (B) clinical data transmission via computer
2-25 imaging for teleradiology or telepathology; and
2-26 (C) other technology that facilitates access in
2-27 rural and underserved counties to dental services or dental
3-1 specialty expertise.
3-2 (b) The commission by rule shall require each health and
3-3 human services agency that administers a part of the Medicaid
3-4 program to provide Medicaid reimbursement for a teledental
3-5 consultation provided by a licensed dentist in this state. The
3-6 commission shall require reimbursement for a teledental
3-7 consultation at the same rate as the Medicaid program reimburses
3-8 for a comparable in-person consultation. A request for
3-9 reimbursement may not be denied solely because an in-person
3-10 consultation between a dentist and a patient did not occur.
3-11 SECTION 4. This Act takes effect September 1, 2001.