1-1     By:  Duncan, Madla                                    S.B. No. 1483
 1-2           (In the Senate - Filed March 9, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     April 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1483                By:  Gallegos
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to certain services provided through telemedicine.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter B, Chapter 531, Government Code, is
1-13     amended by adding Sections 531.02171 and 531.02172 to read as
1-14     follows:
1-15           Sec. 531.02171.  TELEMEDICINE MEDICAL SERVICES AND TELEHEALTH
1-16     SERVICES PILOT PROGRAMS.  (a)  In this section:
1-17                 (1)  "Health professional" means:
1-18                       (A)  a physician;
1-19                       (B)  an individual who is licensed or certified
1-20     in this state to perform health care services and who is authorized
1-21     to assist a physician in providing telemedicine medical services
1-22     that are delegated and supervised by the physician; or
1-23                       (C)  a licensed or certified health professional
1-24     acting within the scope of the license or certification who does
1-25     not perform a telemedicine medical service.
1-26                 (2)  "Physician" means a person licensed to practice
1-27     medicine in this state under Subtitle B, Title 3, Occupations Code.
1-28                 (3)  "Telehealth service" has the meaning assigned by
1-29     Section 57.042, Utilities Code.
1-30                 (4)  "Telemedicine medical service" has the meaning
1-31     assigned by Section 57.042, Utilities Code.
1-32           (b)  The commission shall establish pilot programs in
1-33     designated areas of this state under which the commission, in
1-34     administering government-funded health programs, may reimburse a
1-35     health care professional participating in the pilot program for
1-36     telemedicine medical services or telehealth services authorized
1-37     under the licensing law applicable to the health care professional.
1-38     Each pilot program established before January 1, 2003, must provide
1-39     services in areas of this state that are not more than 150 miles
1-40     from the border between this state and the United Mexican States.
1-41           (c)  In developing and operating a pilot program under this
1-42     section, the commission shall:
1-43                 (1)  solicit and obtain support for the program from
1-44     local officials and the medical community;
1-45                 (2)  focus on enhancing health outcomes in the area
1-46     served by the pilot program through increased access to medical or
1-47     health care services, including:
1-48                       (A)  health screenings;
1-49                       (B)  prenatal care;
1-50                       (C)  medical or surgical follow-up visits;
1-51                       (D)  periodic consultation with specialists
1-52     regarding chronic disorders;
1-53                       (E)  triage and pretransfer arrangements; and
1-54                       (F)  transmission of diagnostic images or data;
1-55                 (3)  establish quantifiable measures and expected
1-56     health outcomes for each authorized telemedicine medical service or
1-57     telehealth service;
1-58                 (4)  consider condition-specific applications of
1-59     telemedicine medical services or telehealth services, including
1-60     applications for:
1-61                       (A)  pregnancy;
1-62                       (B)  diabetes;
1-63                       (C)  heart disease; and
1-64                       (D)  cancer; and
 2-1                 (5)  demonstrate that the provision of services
 2-2     authorized as telemedicine medical services or telehealth services
 2-3     will not adversely affect the delivery of traditional medical
 2-4     services or other health care services within the area served by
 2-5     the pilot program.
 2-6           Sec. 531.02172.  TELEMEDICINE ADVISORY COMMITTEE.  (a)  The
 2-7     commissioner shall establish an advisory committee to assist the
 2-8     commission in:
 2-9                 (1)  evaluating policies for telemedical consultations
2-10     under Section 531.0217;
2-11                 (2)  evaluating policies for telemedicine medical
2-12     service or telehealth service pilot programs established under
2-13     Section 531.02171;
2-14                 (3)  ensuring the efficient and consistent development
2-15     and use of telecommunication technology for telemedical
2-16     consultations and telemedicine medical services or telehealth
2-17     services reimbursed under government-funded health programs;
2-18                 (4)  monitoring the type of programs receiving
2-19     reimbursement under Sections 531.0217 and 531.02171; and
2-20                 (5)  coordinating the activities of state agencies
2-21     concerned with the use of telemedical consultations and
2-22     telemedicine medical services or telehealth services.
2-23           (b)  The advisory committee must include:
2-24                 (1)  representatives of health and human services
2-25     agencies and other state agencies concerned with the use of
2-26     telemedical consultations in the Medicaid program and the state
2-27     child health plan program, including representatives of:
2-28                       (A)  the commission;
2-29                       (B)  the Texas Department of Health;
2-30                       (C)  the Center for Rural Health Initiatives;
2-31                       (D)  the Telecommunications Infrastructure Fund
2-32     Board;
2-33                       (E)  the Texas Department of Insurance;
2-34                       (F)  the Texas State Board of Medical Examiners;
2-35                       (G)  the Board of Nurse Examiners; and
2-36                       (H)  the Texas State Board of Pharmacy;
2-37                 (2)  representatives of health science centers in this
2-38     state;
2-39                 (3)  experts on telemedicine, telemedical consultation,
2-40     and telemedicine medical services; and
2-41                 (4)  representatives of consumers of health services
2-42     provided through telemedical consultations and telemedicine medical
2-43     services.
2-44           (c)  A member of the advisory committee serves at the will of
2-45     the commissioner.
2-46           SECTION 2.  Section 57.042, Utilities Code, is amended by
2-47     amending Subdivision (11) and adding Subdivision (12) to read as
2-48     follows:
2-49                 (11)  "Telehealth service" means a health service,
2-50     other than a telemedicine medical service, delivered by a licensed
2-51     or certified health professional acting within the scope of the
2-52     health professional's license or certification who does not perform
2-53     a telemedicine medical service that requires the use of advanced
2-54     telecommunications technology, other than by telephone or
2-55     facsimile, including:
2-56                       (A)  compressed digital interactive video, audio,
2-57     or data transmission;
2-58                       (B)  clinical data transmission using computer
2-59     imaging by way of still-image capture and store and forward; and
2-60                       (C)  other technology that facilitates access to
2-61     health care services or medical specialty expertise.
2-62                 (12)  "Telemedicine medical service" means a health
2-63     care service initiated by a physician or provided by a health
2-64     professional acting under physician delegation and supervision, for
2-65     purposes of patient assessment by a health professional, diagnosis
2-66     or consultation by a physician, treatment, or the transfer of
2-67     medical data, that requires the use of advanced telecommunications
2-68     technology, other than by telephone or facimile, including:
2-69                       (A)  compressed digital interactive video, audio,
 3-1     or data transmission;
 3-2                       (B)  clinical data transmission using computer
 3-3     imaging by way of still-image capture and store and forward; and
 3-4                       (C)  other technology that facilitates access to
 3-5     health care services or medical specialty expertise[:]
 3-6                       [(A)  means medical services delivered by
 3-7     telecommunications technologies to rural or underserved public
 3-8     not-for-profit health care facilities or primary health care
 3-9     facilities in collaboration with an academic health center and an
3-10     associated teaching hospital or tertiary center or with another
3-11     public not-for-profit health care facility; and]
3-12                       [(B)  includes consultive services, diagnostic
3-13     services, interactive video consultation, teleradiology,
3-14     telepathology, and distance education for working health care
3-15     professionals].
3-16           SECTION 3.  Subsections (a) and (b), Section 57.047,
3-17     Utilities Code, are amended to read as follows:
3-18           (a)  The board may award a grant to a project or proposal
3-19     that:
3-20                 (1)  provides equipment and infrastructure necessary
3-21     for:
3-22                       (A)  distance learning;
3-23                       (B)  an information sharing program of a library;
3-24     [or]
3-25                       (C)  telemedicine medical services; or
3-26                       (D)  telehealth services;
3-27                 (2)  develops and implements the initial or
3-28     prototypical delivery of a course or other distance learning
3-29     material;
3-30                 (3)  trains teachers, faculty, librarians, or
3-31     technicians in the use of distance learning or information sharing
3-32     materials and equipment;
3-33                 (4)  develops a curriculum or instructional material
3-34     specially suited for telecommunications delivery;
3-35                 (5)  provides electronic information; or
3-36                 (6)  establishes or carries out an information sharing
3-37     program.
3-38           (b)  The board may award a loan to a project or proposal to
3-39     acquire equipment needed for distance learning and telemedicine
3-40     medical service projects.
3-41           SECTION 4.  Subchapter C, Chapter 57, Utilities Code, is
3-42     amended by adding Section 57.0471 to read as follows:
3-43           Sec. 57.0471.  GRANTS TO CERTAIN HEALTH CARE FACILITIES.  A
3-44     physician, health care professional, or health care facility
3-45     providing telemedicine medical services or telehealth services and
3-46     participating in a pilot program under Section 531.02171,
3-47     Government Code, is eligible to receive a grant under Section
3-48     57.047.
3-49           SECTION 5.  Subsection (h), Section 531.0217, Government
3-50     Code, is repealed.
3-51           SECTION 6.  (a)  Not later than December 31, 2001, the
3-52     commissioner of health and human services shall establish the
3-53     telemedicine advisory committee as required by Section 531.02172,
3-54     Government Code, as added by this Act.
3-55           (b)  Not later than September 1, 2003, the telemedicine
3-56     advisory committee established under Section 531.02172, Government
3-57     Code, as added by this Act, shall prepare a report relating to the
3-58     implementation of the pilot programs established under Section
3-59     531.02171, Government Code, as added by this Act, and shall provide
3-60     the report to the governor, lieutenant governor, speaker of the
3-61     house of representatives, and appropriate standing committees of
3-62     the senate and house of representatives.
3-63           SECTION 7.  The advisory committee established under
3-64     Subsection (h), Section 531.0217, Government Code, is abolished on
3-65     the effective date of this Act.
3-66           SECTION 8.  This Act takes effect immediately if it receives
3-67     a vote of two-thirds of all the members elected to each house, as
3-68     provided by Section 39, Article III, Texas Constitution.  If this
3-69     Act does not receive the vote necessary for immediate effect, this
 4-1     Act takes effect September 1, 2001.
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