87(R) HB 1742 - Introduced version - Bill Text

	87R4665 JCG-D
	By:  Guerra	H.B.  No.  1742

	A BILL TO BE ENTITLED
	AN ACT
	relating to the practice of dentistry and the provision of
	teledentistry dental services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    The heading to Chapter 111, Occupations Code, is
	amended to read as follows:
	CHAPTER 111. TELEMEDICINE, TELEDENTISTRY, AND TELEHEALTH
	SECTION  2.    Section 111.001, Occupations Code, is amended by
	amending Subdivisions (1) and (3) and adding Subdivision (2-a) to
	read as follows:
	(1)    "Dentist," "health [Health] professional," and
	"physician" have the meanings assigned by Section 1455.001,
	Insurance Code.
	(2-a)    "Teledentistry dental service" means a health
	care service delivered by a dentist, or a health professional
	acting under the delegation and supervision of a dentist, acting
	within the scope of the dentist's or health professional's license
	or certification to a patient at a different physical location than
	the dentist or health professional using telecommunications or
	information technology.
	(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.
	SECTION  3.    Section 111.002, Occupations Code, is amended to
	read as follows:
	Sec.  111.002.    INFORMED CONSENT. (a) A treating physician,
	dentist, or health professional who provides or facilitates the use
	of telemedicine medical services, teledentistry dental services,
	or telehealth services shall ensure that the informed consent of
	the patient, or another appropriate individual authorized to make
	health care treatment decisions for the patient, is obtained before
	telemedicine medical services, teledentistry dental services, or
	telehealth services are provided.
	(b)    A dentist who delegates a teledentistry dental service
	shall ensure that the informed consent of the patient includes
	disclosure to the patient that the dentist has delegated the
	service.
	SECTION  4.    Section 111.003, Occupations Code, is amended to
	read as follows:
	Sec.  111.003.    CONFIDENTIALITY. A treating physician,
	dentist, or health professional who provides or facilitates the use
	of telemedicine medical services, teledentistry dental services,
	or telehealth services shall ensure that the confidentiality of the
	patient's clinical [medical] information is maintained as required
	by Chapter 159, by Subchapter C, Chapter 258, or by other applicable
	law.
	SECTION  5.    Section 111.004, Occupations Code, is amended
	to read as follows:
	Sec.  111.004.    RULES. (a) The Texas Medical Board, in
	consultation with the commissioner of insurance, as appropriate,
	may adopt rules necessary to:
	(1)    ensure that patients using telemedicine medical
	services receive appropriate, quality care;
	(2)    prevent abuse and fraud in the use of telemedicine
	medical services, including rules relating to the filing of claims
	and records required to be maintained in connection with
	telemedicine medical services;
	(3)    ensure adequate supervision of health
	professionals who are not physicians and who provide telemedicine
	medical services; and
	(4)    establish the maximum number of health
	professionals who are not physicians that a physician may supervise
	through a telemedicine medical service.
	(b)    The State Board of Dental Examiners, in consultation
	with the commissioner of insurance, as appropriate, may adopt rules
	necessary to:
	(1)    ensure that patients using teledentistry dental
	services receive appropriate, quality care;
	(2)    prevent abuse and fraud in the use of
	teledentistry dental services, including rules relating to the
	filing of claims and records required to be maintained in
	connection with teledentistry dental services;
	(3)    ensure adequate supervision of health