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A BILL TO BE ENTITLED
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AN ACT
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relating to the practice of telemedicine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 111, Occupations Code, is amended to |
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read as follows: |
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CHAPTER 111. TELEMEDICINE MEDICAL SERVICES [AND TELEHEALTH] |
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Sec. 111.001. DEFINITIONS. In this chapter: |
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(1) "Advanced telecommunications technology" means |
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technology used for the transfer of data, not including telephone |
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or facsimile technology. The term includes: |
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(A) compressed digital interactive video, audio, |
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or data transmission; |
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(B) data transmission using computer imaging; |
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and |
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(C) other technology that facilitates access to |
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data. |
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(2) "Board" means the Texas Medical Board. |
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(3) "Telemedicine medical service" means a health care |
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service that is provided through the use of advanced |
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telecommunications technology for the purpose of: |
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(A) patient assessment, diagnosis, consultation, |
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or treatment; or |
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(B) the transfer of medical data. |
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(4) "Telemedicine provider" means: |
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(A) a physician who provides telemedicine |
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medical services; or |
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(B) a physician assistant or advanced practice |
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nurse who: |
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(i) provides telemedicine medical |
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services; and |
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(ii) is supervised by and has delegated |
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authority from a physician licensed in this state ['Health
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professional' and 'physician' have the meanings assigned by Section
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1455.001, Insurance Code.
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[(2)
'Telehealth service' and 'telemedicine medical
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service' have the meanings assigned by Section 57.042, Utilities
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Code]. |
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Sec. 111.002. INFORMED CONSENT. A telemedicine provider |
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must [treating physician or health professional who provides or
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facilitates the use of telemedicine medical services or telehealth
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services shall] ensure that the informed consent of the patient, or |
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another appropriate individual authorized to make health care |
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treatment decisions for the patient, is obtained before |
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telemedicine medical services [or telehealth services] are |
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provided. |
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Sec. 111.003. CONFIDENTIALITY. A telemedicine provider |
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[treating physician or health professional who provides or
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facilitates the use of telemedicine medical services or telehealth
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services] shall ensure that the confidentiality of the patient's |
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medical information is maintained as required by Chapter 159 or |
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other applicable law. |
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Sec. 111.004. RULES. The board [Texas State Board of
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Medical Examiners], in consultation with the commissioner of |
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insurance, as appropriate, may adopt rules necessary to implement |
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this chapter. The board may not adopt a rule to limit the provision |
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of telemedicine medical services by a telemedicine provider who |
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meets the requirements of this chapter and other applicable law[:
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[(1)
ensure that patients using telemedicine medical
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services receive appropriate, quality care;
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[(2)
prevent abuse and fraud in the use of
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telemedicine medical services, including rules relating to the
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filing of claims and records required to be maintained in
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connection with telemedicine medical services;
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[(3)
ensure adequate supervision of health
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professionals who are not physicians and who provide telemedicine
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medical services;
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[(4)
establish the maximum number of health
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professionals who are not physicians that a physician may supervise
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through a telemedicine medical service; and
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[(5)
require a face-to-face consultation between a
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patient and a physician providing a telemedicine medical service
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within a certain number of days following an initial telemedicine
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medical service only if the physician has never seen the patient]. |
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Sec. 111.005. PROVISION OF TELEMEDICINE MEDICAL SERVICES. |
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(a) A telemedicine provider may provide telemedicine medical |
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services in this state only if the provider: |
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(1) is licensed in this state; |
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(2) has established a physician-patient relationship |
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with the recipient of the services; |
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(3) advises the patient to see a physician or other |
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health care professional in person within a reasonable time if the |
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patient's symptoms do not improve; |
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(4) provides only services that are medically |
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indicated; |
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(5) adopts protocols to prevent fraud and abuse; |
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(6) does not violate state or federal laws relating to |
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patient privacy; |
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(7) maintains medical records for all telemedicine |
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medical services; |
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(8) does not treat chronic pain with a controlled |
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substance listed on Schedule II, III, IV, or V under Chapter 481, |
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Health and Safety Code, at a site other than a site normally used |
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for the provision of medical care; and |
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(9) practices the same standard of care as in a |
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traditional clinical setting. |
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(b) For the purposes of Subsection (a)(2), a telemedicine |
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provider must establish a physician-patient relationship with a |
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patient in person and in an office setting before providing |
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telemedicine medical services to the patient. |
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SECTION 2. The Texas Medical Board shall adopt rules to |
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implement Chapter 111, Occupations Code, as amended by this Act, |
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not later than December 1, 2013. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect December 1, 2013. |
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(b) Section 2 of this Act takes effect September 1, 2013. |