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A BILL TO BE ENTITLED
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AN ACT
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relating to conducting certain medical examinations using |
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telemedicine under the workers' compensation system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.0041, Labor Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) In this subsection, "telehealth services" and |
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"telemedicine medical services" have the meanings assigned by |
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Section 111.001, Occupations Code. The commissioner may order an |
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examination under this section to be conducted using telehealth |
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services or telemedicine medical services if the commissioner |
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determines conducting the examination in that manner is necessary |
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to ensure access to a timely examination by a qualified doctor and |
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the employee consents to the use of telehealth services or |
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telemedicine medical services in conducting the examination. |
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During an examination conducted using telehealth services or |
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telemedicine medical services under this subsection, a health care |
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practitioner must be physically present in the room in which the |
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employee is located to assist in conducting the examination and |
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administering any necessary testing. The commissioner may adopt |
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rules related to examinations performed using telehealth services |
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or telemedicine medical services under this subsection. |
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SECTION 2. Subchapter G, Chapter 408, Labor Code, is |
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amended by adding Section 408.1231 to read as follows: |
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Sec. 408.1231. CONDUCTING CERTAIN MEDICAL EXAMINATIONS |
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USING TELEHEALTH SERVICES OR TELEMEDICINE MEDICAL SERVICES. (a) |
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In this section, "telehealth services" and "telemedicine medical |
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services" have the meanings assigned by Section 111.001, |
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Occupations Code. |
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(b) The employee's treating doctor or another doctor |
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authorized by the division to certify maximum medical improvement |
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or assign an impairment rating under Section 408.123 may certify |
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maximum medical improvement or assign an impairment rating during a |
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medical examination performed by the doctor using telehealth |
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services or telemedicine medical services if: |
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(1) the employee consents to the use of telehealth |
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services or telemedicine medical services in conducting the |
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examination; and |
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(2) either: |
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(A) the examination is of a musculoskeletal |
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injury or diagnosis involving: |
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(i) the hand or upper extremities; |
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(ii) the foot, including toes and heel; or |
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(ii) the spine and musculoskeletal |
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structures of the torso; or |
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(B) the commissioner determines there is good |
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cause to conduct the examination using telehealth services or |
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telemedicine medical services. |
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(c) During an examination conducted using telehealth |
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services or telemedicine medical services under Subsection (b), a |
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health care practitioner must be physically present in the room in |
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which the employee is located to assist in conducting the |
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examination and administering any necessary testing unless a |
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doctor: |
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(1) determined that the employee is not at maximum |
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medical improvement; or |
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(2) certified maximum medical improvement during an |
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examination and based on the examination concluded there was no |
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possibility of impairment. |
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(d) The commissioner shall adopt rules necessary to |
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implement this section. |
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SECTION 3. Section 408.0041, Labor Code, as amended by this |
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Act, and Section 408.1231, Labor Code, as added by this Act, apply |
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only to a medical examination conducted on or after the effective |
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date of this Act. A medical examination conducted before that date |
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is governed by the law in effect on the date the examination was |
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conducted, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect March 1, 2024. |
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