HB1066 - Relating to conducting certain medical examinations using telehealth services and telemedicine medical services under the workers' compensation system.

  89R3333 KKR-F     By: Bhojani H.B. No. 1066       A BILL TO BE ENTITLED   AN ACT   relating to conducting certain medical examinations using   telehealth services and telemedicine medical services under the   workers' compensation system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 408.0041, Labor Code, is amended by   adding Subsection (d-1) to read as follows:           (d-1)     In this subsection, "telehealth service" and   "telemedicine medical service" have the meanings assigned by   Section 111.001, Occupations Code. The commissioner may order an   examination under this section to be conducted using telehealth   services or telemedicine medical services if the commissioner   determines conducting the examination in that manner is necessary   to ensure access to a timely examination by a qualified doctor.   During an examination conducted using telehealth services or   telemedicine medical services under this subsection, a health care   professional must be physically present in the room in which the   employee is located to assist in conducting the examination and   administering any necessary testing. The commissioner may adopt   rules related to examinations performed using telehealth services   or telemedicine medical services under this subsection.          SECTION 2.  Subchapter G, Chapter 408, Labor Code, is   amended by adding Section 408.1231 to read as follows:           Sec.   408.1231.     CONDUCTING CERTAIN MEDICAL EXAMINATIONS   USING TELEHEALTH SERVICES OR TELEMEDICINE MEDICAL SERVICES. (a)   In this section, "telehealth service" and "telemedicine medical   service" have the meanings assigned by Section 111.001, Occupations   Code.           (b)     The employee's treating doctor or another doctor   authorized by the division to certify maximum medical improvement   or assign an impairment rating under Section 408.123 may certify   maximum medical improvement or assign an impairment rating during a   medical examination performed by the doctor using telehealth   services or telemedicine medical services if:                 (1)     the examination is of a musculoskeletal injury or   diagnosis involving:                       (A)  the hand or upper extremities;                       (B)  the foot, including toes and heel; or                       (C)     the spine and musculoskeletal structures of   the torso; or                 (2)     the commissioner determines there is good cause to   conduct the examination using telehealth services or telemedicine   medical services.           (c)     During an examination conducted using telehealth   services or telemedicine medical services under Subsection (b), a   health care professional must be physically present in the room in   which the employee is located to assist in conducting the   examination and administering any necessary testing unless a   doctor:                 (1)     determined that the employee is not at maximum   medical improvement; or                 (2)     certified maximum medical improvement during an   examination and based on the examination concluded there was no   possibility of impairment.           (d)     The commissioner shall adopt rules necessary to   implement this section.          SECTION 3.  Section 408.0041, Labor Code, as amended by this   Act, and Section 408.1231, Labor Code, as added by this Act, apply   only to a medical examination conducted on or after the effective   date of this Act. A medical examination conducted before that date   is governed by the law in effect on the date the examination was   conducted, and the former law is continued in effect for that   purpose.          SECTION 4.  This Act takes effect January 1, 2026.