89R3300 AND-D     By: Shaheen H.B. No. 997       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-a) and (2), Insurance Code,   are amended to read as follows:                (1-a)  "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)  In this section:                (1)  "Commission" means the Texas Commission of   Licensing and Regulation.                (2)  "Department" means the Texas Department of   Licensing and Regulation.          (b)  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.          (c)  The agency of this state responsible for regulating the   performance of a health care service in this state or the   department, if no agency of this state is responsible for   regulating the performance of the service in this state, shall:                (1)  register a health professional described by   Subsection (b) to provide telehealth or telemedicine medical   services to patients in this state if the health professional:                      (A)  submits an application to the agency or   department, as applicable, in the format required by agency or   commission rule, as applicable; and                      (B)  pays a registration fee established by rule   by the agency or commission, as applicable; and                (2)  adopt rules necessary to implement this section.          (d)  A rule adopted under Subsection (c)(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)  maintain liability insurance in accordance with   the laws of this state, as applicable;                (3)  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                (4)  be subject to investigation and disciplinary   action for a violation of a rule adopted under Subsection (c)(2),   including the referral of the violation to the licensing agency in   the state that issued the license to the health professional.          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, 2026. A health   benefit plan delivered, issued for delivery, or renewed before   January 1, 2026, 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, 2025.