SB 823

This bill allows an individual who possesses a credential as a health care

provider in another state to provide health care services by telehealth in this state

within the scope of practice established under the laws and rules of this state by

registering with the Department of Safety and Professional Services or an applicable

credentialing board. In general, under current law, no person may provide health

care services in this state for which a credential is required unless the person

possesses a credential issued in this state issued by DSPS or a credentialing board.

This bill requires DSPS and any applicable credentialing board to register an

out-of-state health care provider who does not possess a credential in this state as

a telehealth provider who may provide health care services in this state by telehealth

if the health care provider meets certain criteria, including 1) that the health care

provider possesses a credential issued by a governmental authority in another state,

the District of Columbia, or a possession or territory of the United States that is

active and unencumbered and that entitles the health care provider to perform

health care services that are substantially similar to health care services that may

be performed by a health care provider who possesses a credential issued in this

state; 2) that the health care provider has not been subject to any disciplinary action

relating to his or her credential during the five-year period immediately preceding

submission of the health care provider's application for registration in this state that

has resulted in his or her credential being limited, suspended, or revoked; and 3) that

the health care provider designates an agent upon whom service of process may be

made in this state. A health care provider registered to provide telehealth services

under the bill may not open an office in this state and may not provide in-person

health care services to patients located in this state unless the health care provider

obtains a credential in this state. The bill requires individuals registered to provide

telehealth services in this state to maintain and have in effect malpractice liability

insurance coverage that covers services provided to patients in this state if the health

care services that the individual may provide are substantially similar to services

provided by a health care provider in this state who is required under law to maintain

and have in effect malpractice liability insurance.

The bill requires individuals registered under the bill to provide telehealth

services in this state to notify DSPS or the applicable credentialing board of any

restrictions placed on his or her credential in any state or jurisdiction and of any

disciplinary action taken or pending against him or her in any state or jurisdiction

within 5 business days after the restriction is placed or disciplinary action is initiated

or taken. The bill allows DSPS and applicable credentialing boards to take

disciplinary action against a health care provider registered to provide telehealth

services under the bill if the registrant fails to notify DSPS or the applicable

credentialing board of any adverse actions taken against his or her credential, if the

registrant has restrictions placed on his or her credential, if disciplinary action has