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  87R3756 TYPED
  By: Zaffirini S.B. No. 40
  Relating to the use of telehealth in health professional programs
  administered by the Texas Department of Licensing and Regulation.
         SECTION 1.  Subchapter D, Chapter 51, Occupations Code, is
  amended by adding Section 51.2033 to read as follows:
   (a) In this section:
     (1) "health professional" means a license holder regulated by
  the department who holds a license issued under Title 3,
  Occupations Code;
     (2) "patient" includes a client, consumer, or similar person
  receiving care or services under the laws and rules governing the
  applicable health professional program; and
     (3) "telehealth service" has the meaning assigned by Section
  111.001, Occupations Code.
   (b) A health professional may provide telehealth services in
  accordance with Chapter 111, Occupations Code, and any requirements
  imposed by the laws and rules governing the applicable health
  professional program administered by the department. Unless the
  context requires otherwise, a reference to a health professional
  performing "direct" observation of a patient, or providing "direct"
  care or services to a patient, shall include the provision of
  telehealth services. 
   (c) The commission may adopt rules as necessary to:
     (1) ensure that patients using telehealth services receive
  appropriate, quality care;
     (2) prevent abuse and fraud in the use of telehealth services,
  including rules relating to the filing of claims and records
  required to be maintained in connection with telehealth services;
     (3) implement the requirements of Chapter 111, Occupations
  Code, or any other law of this state regarding the provision of
  telehealth services or the protection of patients receiving
  telehealth services;
     (4) provide for the remote supervision of assistants and other
  authorized persons performing duties within their existing scope of
  practice using telecommunications or information technology; and 
     (5) provide for the remote supervision of experience for
  apprentices, interns, or similar trainees, using
  telecommunications or information technology. 
   (d) Rules adopted under this section may include the provision of
  remote education or distance learning for public or private
  schools, or continuing education.
   (e) Nothing in this section shall be interpreted to expand the
  existing scope of practice for health professionals, or to
  authorize practices or procedures otherwise prohibited by laws or
  rules governing health professionals. Rules adopted under this
  section are subject to the provisions of Sections 51.2031 and
  51.2032 of this chapter.
         SECTION 2.  Section 402.255(a), Occupations Code, is amended
  to read as follows:
   (a)  A supervisor of a temporary training permit holder must:
     (1)  be licensed to fit and dispense hearing instruments under
  this chapter or Chapter 401, other than Section 401.311 or 401.312;
     (2)  currently practice in the state of Texas under a license
  identified in Subsection (a)(1) [in an established place of
  business]; and
     (3)  be responsible for the direct supervision and education of
  a temporary training permit holder.
         SECTION 3.  Section 403.151, Occupations Code, is amended to
  read as follows:
   (a)  A licensed dyslexia practitioner may practice, and provide
  telehealth services from a remote location, only in an educational
  setting, including a school, learning center, or clinic.
   (b)  A licensed dyslexia therapist may practice, and provide
  telehealth services from a remote location, in a school, learning
  center, clinic, or private practice setting.
   (c)  License holders may provide telehealth services only in the
  practice settings allowed by this section in (a) or (b),
  respectively, regardless of the physical location of the license
  holder or the recipient of the telehealth services.
         SECTION 4.  The following provisions of the Occupations Code
  are repealed:
   (1)  Section 401.2022; and
   (2)  Section 402.1023.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, the
  Act takes effect September 1, 2021.