Monitoring the Session

SB 397

bill standardizes telehealth patient records rules

Did not pass

Verdict: No flags

No flagsInitial review
Sen. Kevin SparksRSenate 31

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to rules regarding the provision by a health professional of a telemedicine medical service, teledentistry dental service, or telehealth service.

Caption from analyzed text · version I.

Summary

Audio-only included, in-person exam before any irreversible procedure.

The bill orders every state licensing agency that oversees health professionals offering telemedicine, teledentistry, or telehealth to write rules that standardize how patient consent records are formatted and kept. Those rules must cover consent to treatment, data collection, and data sharing, must include audio-only consent, and must require an in-person exam before any irreversible medical procedure begins. Doctors, dentists, and other licensed providers working remotely would face uniform consent paperwork rules and could not start an irreversible procedure without first seeing the patient in person, starting September 1, 2025.

Receipt

The receipt

89R-SB397 · 2024-11-20

SOLD BY

Sen. Kevin SparksRSenate 31

ITEM

relating to rules regarding the provision by a health professional of a telemedicine medical service, teledentistry dental service, or telehealth service.

WHAT IT DOES

Audio-only included, in-person exam before any irreversible procedure.

The bill orders every state licensing agency that oversees health professionals offering telemedicine, teledentistry, or telehealth to write rules that standardize how patient consent records are formatted and kept. Those rules must cover consent to treatment, data collection, and data sharing, must include audio-only consent, and must require an in-person exam before any irreversible medical procedure begins. Doctors, dentists, and other licensed providers working remotely would face uniform consent paperwork rules and could not start an irreversible procedure without first seeing the patient in person, starting September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 24, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Health & Human Services
  5. Scheduled for public hearing on . . .
  6. Considered in public hearing
  7. Testimony taken in committee
  8. Left pending in committee
  9. Considered in public hearing
  10. Vote taken in committee
  11. Reported favorably w/o amendments
  12. Recommended for local & uncontested calendar
  13. Committee report printed and distributed
  14. Placed on intent calendar
  15. Not again placed on intent calendar
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Kevin Sparks

Donors

Texans for Lawsuit Reform PAC$60KKyle & Jamie Stallings$25,000Tim Dunn$25,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 25, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$60,000.00

Texans for Lawsuit Reform PAC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 15, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012623, 101029380, 101072732.

Kyle & Jamie Stallings$25,000.00
Tim Dunn$25,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 15, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012623, 101029380, 101072732.

Votes

No floor vote loaded for this bill.

Witnesses4
For
3
Against
1
On
0
Names

For

  • City of Houston1 registration
  • Texas e-Health Alliance1 registration
  • The Texas Catholic Conference of Bishops1 registration

Against

  • Self; Planned Parenthood Texas Votes1 registration
Sources

4 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 24, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas Senate · Filed Nov 20, 2024

05/21/2025 S Not again placed on intent calendar

Texas Legislature Online · Introduced · Senate Committee Report

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Senate committee · Health & Human Services · Committee vote 9 aye, 0 nay · Out of committee

Companion

HB 1700 by Fairly (similar)

Subjects

Electronic Information Systems

Health Care Providers

Occupational Regulation--Health Occupations

State Agencies, Boards & Commissions

TELEMEDICINE

Text

The text as introduced · 195 words

89R4565 AND-D

By: Sparks
S.B. No. 397

A BILL TO BE ENTITLED

AN ACT

relating to rules regarding the provision by a health professional

of a telemedicine medical service, teledentistry dental service, or

telehealth service.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 111.004, Occupations Code, is amended by

adding Subsections (c), (d), and (e) to read as follows:

(c) Each agency with regulatory authority over a health

professional providing a telemedicine medical service,

teledentistry dental service, or telehealth service shall adopt

rules necessary to standardize formats for and retention of records

related to a patient's consent to:

(1) treatment;

(2) data collection; and

(3) data sharing.

(d) Rules adopted under Subsection (c) must:

(1) as applicable, address the specific consent

documentation required for:

(A) telemedicine medical services;

(B) teledentistry dental services; or

(C) telehealth services; and

(2) include provisions, based on the appropriate

standard of care, for consent documentation in an audio-only

format.

(e) Rules adopted under this section must require that a

health professional conduct an in-person examination of a patient

before an irreversible medical procedure is initiated.

SECTION 2. This Act takes effect September 1, 2025.