Bill Text: TX HB2250 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the delivery of telemedicine medical services and telehealth services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-13 - Referred to Public Health [HB2250 Detail]
Download: Texas-2015-HB2250-Introduced.html
84R6180 EES-F | ||
By: Coleman | H.B. No. 2250 |
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relating to the delivery of telemedicine medical services and | ||
telehealth services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 111.001, Occupations Code, is amended by | ||
amending Subdivision (2) and adding Subdivisions (3) and (4) to | ||
read as follows: | ||
(2) "Residence" means a place where a person resides | ||
and includes a home, a nursing home, a convalescent home, or a | ||
residential unit [ |
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(3) "Telehealth service" means a health service, other | ||
than a telemedicine medical service, that is delivered by a | ||
licensed or certified health professional acting within the scope | ||
of the health professional's license or certification who does not | ||
perform a telemedicine medical service and that requires the use of | ||
advanced telecommunications technology, including: | ||
(A) compressed digital interactive video, audio, | ||
or data transmission; | ||
(B) clinical data transmission using computer | ||
imaging by way of still-image capture and store and forward; and | ||
(C) other technology that facilitates access to | ||
health care services or medical specialty expertise. | ||
(4) "Telemedicine medical service" means a health care | ||
service that is initiated by a physician or provided by a health | ||
professional acting under physician delegation and supervision, | ||
that is provided for purposes of patient assessment by a health | ||
professional, diagnosis or consultation by a physician, or | ||
treatment, or for the transfer of medical data, and that requires | ||
the use of advanced telecommunications technology, including: | ||
(A) compressed digital interactive video, audio, | ||
or data transmission; | ||
(B) clinical data transmission using computer | ||
imaging by way of still-image capture and store and forward; and | ||
(C) other technology that facilitates access to | ||
health care services or medical specialty expertise. | ||
SECTION 2. Section 111.002, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 111.002. INFORMED CONSENT. (a) Except as provided by | ||
Subsection (c), a [ |
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provides or facilitates the use of telemedicine medical services or | ||
telehealth services shall ensure that the informed consent of the | ||
patient, or another appropriate individual authorized to make | ||
health care treatment decisions for the patient, is obtained before | ||
telemedicine medical services or telehealth services are provided. | ||
(b) A copy of an informed consent form signed by a patient in | ||
accordance with Subsection (a) must be retained in the patient's | ||
medical record and provided to the patient or the patient's legally | ||
authorized representative on request. | ||
(c) A treating physician or health professional who | ||
provides or facilitates the use of telemedicine medical services or | ||
telehealth services to provide emergency medical care, as that term | ||
is defined in Section 773.003, Health and Safety Code, is not | ||
required to obtain informed consent before telemedicine medical | ||
services or telehealth services are provided if: | ||
(1) the patient is unable to give the patient's | ||
informed consent; and | ||
(2) an individual authorized to make health care | ||
treatment decisions for the patient is unavailable to give the | ||
individual's informed consent. | ||
SECTION 3. Chapter 111, Occupations Code, is amended by | ||
adding Section 111.0021 to read as follows: | ||
Sec. 111.0021. RIGHT TO REFUSE. (a) A patient may refuse | ||
at any time to receive telemedicine medical services or telehealth | ||
services. | ||
(b) A patient's refusal to receive telemedicine medical | ||
services or telehealth services may not affect the patient's: | ||
(1) right to future care, diagnosis, or treatment; or | ||
(2) receipt of benefits under the Medicaid program. | ||
SECTION 4. Section 111.004, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 111.004. RULES. The Texas [ |
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Board [ |
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insurance, as appropriate, may adopt rules necessary to: | ||
(1) ensure that patients using telemedicine medical | ||
services receive appropriate, quality care; | ||
(2) prevent abuse and fraud in the use of telemedicine | ||
medical services, including rules relating to the filing of claims | ||
and records required to be maintained in connection with | ||
telemedicine medical services; | ||
(3) ensure adequate supervision of health | ||
professionals who are not physicians and who provide telemedicine | ||
medical services; and | ||
(4) establish the maximum number of health | ||
professionals who are not physicians that a physician may supervise | ||
through a telemedicine medical service[ |
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SECTION 5. Chapter 111, Occupations Code, is amended by | ||
adding Section 111.005 to read as follows: | ||
Sec. 111.005. PROVISION OF SERVICES. (a) A treating | ||
physician who provides telemedicine medical services shall | ||
determine whether the presence of a physician or health | ||
professional is required at the site where the patient is receiving | ||
the services. | ||
(b) A treating physician who provides telemedicine medical | ||
services or a treating health professional who provides telehealth | ||
services shall determine if a patient's residence is an appropriate | ||
site at which the patient may receive the services. | ||
SECTION 6. Not later than January 1, 2016, the executive | ||
commissioner of the Health and Human Services Commission and the | ||
Texas Medical Board shall adopt any rules necessary to implement | ||
the changes in law made by this Act. | ||
SECTION 7. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 8. This Act takes effect September 1, 2015. |