By: Hall S.B. No. 2174
 
 
 
   
 
 
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
  Subsections (i) and (j) 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. Except as provided
  by Subsection (j), 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.
         (j)  A health care professional is not required to be
  physically present in the room in which the patient is located
  during a medical examination performed using telehealth services or
  telemedicine medical services as provided by Subsection (i) that is
  conducted to assign an impairment rating if:
               (1)  a doctor certified maximum medical improvement
  during an examination; and
               (2)  based on the examination described by Subdivision
  (1), the doctor concluded there was no possibility of impairment.
         SECTION 2.  Sections 408.123(i) and (j), Labor Code, as
  added by this Act, apply 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, 2023.