87R21737 KKR-D
 
  By: Cason, Lopez, et al. H.B. No. 3098
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to conducting certain medical examinations using
  telemedicine under the workers' compensation system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 408.123, Labor Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  A medical examination conducted to certify maximum
  medical improvement or assign an impairment rating may be performed
  using telehealth services or telemedicine medical services, as
  defined by Section 111.001, Occupations Code. A health care
  professional must be physically present in the room in which the
  employee is located to assist the certifying doctor in conducting
  the examination and administering any necessary testing. For
  purposes of this subsection, "health care professional" means an
  individual licensed, certified, or otherwise authorized to
  administer health care, for profit or otherwise, in the ordinary
  course of business or professional practice.
         SECTION 2.  Section 408.123(i), Labor Code, as added by this
  Act, applies only to a medical examination to certify an employee's
  maximum medical improvement or assign an employee's impairment
  rating conducted on or after the effective date of this Act. A
  medical examination conducted before the effective date of this Act
  is governed by the law in effect on the date the examination was
  conducted, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2021.