Bill Text: TX SB40 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the provision of telehealth services by certain health professionals licensed by the Texas Department of Licensing and Regulation.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-03 - Effective immediately [SB40 Detail]
Download: Texas-2021-SB40-Enrolled.html
S.B. No. 40 |
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relating to the provision of telehealth services by certain health | ||
professionals licensed by the Texas Department of Licensing and | ||
Regulation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 51, Occupations Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. PRACTICE BY CERTAIN LICENSE HOLDERS | ||
Sec. 51.501. TELEHEALTH. (a) In this section: | ||
(1) "Health professional" means a person who holds a | ||
license issued by the department under Title 3. | ||
(2) "Patient" means a client, consumer, or other | ||
person receiving care or services from a health professional. | ||
(3) "Telehealth service" has the meaning assigned by | ||
Section 111.001. | ||
(b) A health professional may provide telehealth services | ||
in accordance with Chapter 111 and any requirements imposed by the | ||
law and rules governing practice by the health professional. | ||
(c) Unless the context indicates otherwise, a reference in | ||
Title 3 or a rule adopted under that title to direct observation of | ||
a patient by a health professional or direct care or services | ||
provided to a patient by a health professional includes the | ||
provision of that observation, care, or service using telehealth | ||
services. | ||
(d) The commission may adopt rules as necessary to: | ||
(1) ensure that patients receiving 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 or other | ||
laws 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 other similar trainees using | ||
telecommunications or information technology. | ||
(e) Rules under this section may allow for the provision of: | ||
(1) remote education or distance learning for public | ||
or private schools; and | ||
(2) continuing education using telecommunications or | ||
information technology. | ||
(f) The adoption of rules under this section is subject to | ||
Sections 51.2031 and 51.2032. | ||
(g) This section may not be interpreted to: | ||
(1) expand the scope of practice of a health | ||
professional; or | ||
(2) authorize a practice or procedure otherwise | ||
prohibited by the law or rules governing a health professional. | ||
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 this state under a license | ||
described by Subdivision (1) [ |
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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: | ||
Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia | ||
practitioner may practice only in, or provide telehealth services | ||
from a remote location only to, an educational setting, including a | ||
school, learning center, or clinic. | ||
(b) A licensed dyslexia therapist may practice in, or | ||
provide telehealth services from a remote location to, a school, | ||
learning center, clinic, or private practice setting. | ||
(c) A license holder may provide telehealth services only in | ||
a practice setting described by this section, 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, this | ||
Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 40 passed the Senate on | ||
April 13, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 40 passed the House on | ||
May 18, 2021, by the following vote: Yeas 135, Nays 2, two present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |