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  S.B. No. 40
 
 
 
 
AN ACT
  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) [an established place of business];
  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