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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 408.123, Labor Code, is amended by adding |
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Subsections (i) and (j) to read as follows: |
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(i) A medical examination conducted to certify maximum |
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medical improvement or assign an impairment rating may be performed |
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using telehealth services or telemedicine medical services, as |
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defined by Section 111.001, Occupations Code. Except as provided |
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by Subsection (j), a health care professional must be physically |
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present in the room in which the employee is located to assist the |
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certifying doctor in conducting the examination and administering |
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any necessary testing. For purposes of this subsection, "health |
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care professional" means an individual licensed, certified, or |
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otherwise authorized to administer health care, for profit or |
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otherwise, in the ordinary course of business or professional |
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practice. |
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(j) A health care professional is not required to be |
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physically present in the room in which the patient is located |
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during a medical examination performed using telehealth services or |
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telemedicine medical services as provided by Subsection (i) that is |
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conducted to assign an impairment rating if: |
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(1) a doctor certified maximum medical improvement |
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during an examination; and |
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(2) based on the examination described by Subdivision |
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(1), the doctor concluded there was no possibility of impairment. |
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SECTION 2. Sections 408.123(i) and (j), Labor Code, as |
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added by this Act, apply only to a medical examination to certify an |
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employee's maximum medical improvement or assign an employee's |
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impairment rating conducted on or after the effective date of this |
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Act. A medical examination conducted before the effective date of |
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this Act is governed by the law in effect on the date the |
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examination was conducted, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |