Shaheen Bill Lets Out-Of-State Doctors Treat Texans By Video

The text as introduced · 946 words

90R2768 AND-D

By: Shaheen
H.B. No. 1026

A BILL TO BE ENTITLED

AN ACT

relating to the provision of telehealth and telemedicine medical

services by certain health professionals located outside of this

state; requiring registration to engage in an occupation;

authorizing fees.

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

SECTION 1. Sections 1455.001(1-b) and (2), Insurance Code,

are amended to read as follows:

(1-b) "Health professional" means:

(A) a physician;

(B) an individual who is:

(i) licensed or certified in this state or

by a licensing agency in another state to perform health care

services; and

(ii) authorized to assist[ :

[ (a) ] a physician in providing

telemedicine medical services that are delegated and supervised by

the physician; [ or

[ (b) a dentist in providing

teledentistry dental services that are delegated and supervised by

the dentist; ]

(C) an individual who is:

(i) licensed or certified in this state to

perform health care services; and

(ii) authorized to assist a dentist in

providing teledentistry dental services that are delegated and

supervised by the dentist;

(D) [ (C) ] a licensed or certified health

professional acting within the scope of the license or

certification who does not perform a telemedicine medical service

or a teledentistry dental service; or

(E) [ (D) ] a dentist.

(2) "Physician" means a person licensed to practice

medicine in this state under Subtitle B, Title 3, Occupations Code ,

or by a licensing agency in another state .

SECTION 2. Sections 111.001(3) and (4), Occupations Code,

are amended to read as follows:

(3) "Telehealth service" means a health service, other

than a telemedicine medical service or a teledentistry dental

service, delivered by a health professional [ licensed, certified,

or otherwise entitled to practice in this state and ] acting within

the scope of the health professional's license, certification, or

entitlement to a patient at a different physical location than the

health professional using telecommunications or information

technology.

(4) "Telemedicine medical service" means a health care

service delivered by a physician [ licensed in this state ], or a

health professional acting under the delegation and supervision of

a physician [ licensed in this state ], and acting within the scope of

the physician's or health professional's license to a patient at a

different physical location than the physician or health

professional using telecommunications or information technology.

SECTION 3. Chapter 111, Occupations Code, is amended by

adding Section 111.010 to read as follows:

Sec. 111.010. PROVISION OF TELEHEALTH OR TELEMEDICINE

MEDICAL SERVICE BY HEALTH PROFESSIONAL LOCATED OUTSIDE OF STATE.

(a) Notwithstanding any other law requiring licensure or

certification in this state, a health professional located outside

of this state who does not hold a license or certification issued by

an agency of this state may provide a telehealth or telemedicine

medical service under this chapter if the health professional:

(1) holds a current and unrestricted license or

certification authorizing the health professional to provide the

service and that is issued by a licensing agency of another state;

(2) has not been and is not currently the subject of a

disciplinary proceeding with respect to the license or

certification described by Subdivision (1); and

(3) registers with the applicable licensing agency of

this state as provided by this section.

(b) The agency of this state responsible for regulating the

performance of a health care service in this state shall:

(1) issue a registration to a health professional

described by Subsection (a) authorizing the health professional to

provide telehealth or telemedicine medical services to patients in

this state if the health professional:

(A) submits an application to the agency in the

format required by agency rule; and

(B) pays a registration fee established by rule

by the agency; and

(2) adopt rules necessary to implement this section.

(c) A rule adopted under Subsection (b)(2) must provide that

a health professional who provides a telehealth or telemedicine

medical service under this section shall:

(1) comply fully with all applicable laws of this

state, including scope of practice, telehealth or telemedicine

requirements, and standards of care;

(2) periodically renew the registration issued under

Subsection (b) and provide evidence demonstrating that the health

professional resides outside of this state;

(3) maintain liability insurance in accordance with

the laws of this state, as applicable;

(4) maintain records relating to the provision of

telehealth or telemedicine medical services under this section with

a records custodian in this state subject to release to the patient,

the agency issuing the registration, law enforcement, or another

entity in accordance with the laws of this state, as applicable;

(5) consent to the jurisdiction of this state's courts

for any litigation arising from the provision of a telehealth or

telemedicine medical service under this section; and

(6) be subject to investigation and disciplinary

action for a violation of a rule adopted under Subsection (b)(2),

including the referral of the violation to the licensing agency in

the state that issued the license to the health professional.

(d) An agency that issues a registration to a health

professional under this section shall revoke the registration if

the health professional relocates to this state with the intent to

establish residency in this state.

SECTION 4. Section 1455.001, Insurance Code, as amended by

this Act, applies only to a health benefit plan delivered, issued

for delivery, or renewed on or after January 1, 2028. A health

benefit plan delivered, issued for delivery, or renewed before

January 1, 2028, is governed by the law as it existed immediately

before the effective date of this Act, and that law is continued in

effect for that purpose.

SECTION 5. This Act takes effect September 1, 2027.