Relating to rules regarding the provision by a health professional of a telemedicine medical service, teledentistry dental service, or telehealth service.
Summary
SB 397 would require state licensing and regulatory agencies that oversee health professionals to adopt rules standardizing how patient consent is documented and retained for telemedicine medical services, teledentistry dental services, and telehealth services. The bill specifically directs agencies to create consistent formats for records related to consent for treatment, data collection, and data sharing.
The bill also requires those rules to address the particular consent documentation needed for each type of remote service and to include standards for documenting consent in audio-only encounters, based on the applicable standard of care. In addition, SB 397 would require an in-person examination before a health professional may initiate an irreversible medical procedure.
Impact
SB 397 would amend Section 111.004 of the Occupations Code by adding new rulemaking requirements for agencies regulating health professionals who provide telemedicine, teledentistry, or telehealth. It would not itself create a licensing scheme, but it would direct agencies to adopt uniform consent and record-retention rules and to require an in-person exam before irreversible procedures. The bill would affect health professionals, patients receiving remote care, and the state agencies responsible for professional regulation, with implementation beginning September 1, 2025.
Sentiment
The bill appears to have received favorable committee consideration, passing the Senate Health & Human Services Committee 9-0. That vote suggests broad support for the bill’s focus on standardized consent documentation and patient safeguards in remote care settings. No committee transcript is available, so the available record shows support but not detailed debate.
Contention
The main potential point of contention is the requirement that an in-person examination occur before any irreversible medical procedure is initiated, which could be viewed as a patient-safety safeguard by supporters and as a restriction on telehealth practice by critics. Another possible area of concern is the mandate for standardized consent documentation, including audio-only services, which may raise implementation and compliance questions for providers and regulators. However, no recorded committee discussion is available to identify specific objections or sponsors’ responses.
Similar
Relating to certain records of a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service.
Relating to the reimbursement and payment of claims by certain health benefit plan issuers for telemedicine medical services, teledentistry dental services, and telehealth services.
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.
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.
Relating to health benefit plan coverage of telemedicine, teledentistry, and telehealth services provided by only synchronous or asynchronous audio interaction.
Relating to conducting certain medical examinations using telehealth services and telemedicine medical services under the workers' compensation system.