Regular Session
Texas Medical Board • Texas State Board of Dental Examiners • Texas Board of Nursing • Texas Department of Licensing and Regulation • Behavioral Health Executive Council • Texas Optometry Board
Key implementation requirements and action items for compliance with this legislation
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This bill's path through the Texas Legislature
BILL ANALYSIS |
| C.S.H.B. 1700 |
| By: Fairly |
| Public Health |
| Committee Report (Substituted) |
| BACKGROUND AND PURPOSE The bill's author has informed the committee that, during the COVID-19 pandemic, a lack of clarity arose as to how health professionals should implement the state and federal requirements for collecting consent to share, consent to treat, records retention, and other documentation when performing a virtual service, especially when the services were provided via audio-only platforms. According to a study by the House Committee on Public Health following the 87th Regular Session, medical record documentation and retention requirements for telemedicine and in-person services needed to be further addressed. C.S.H.B. 1700 seeks to address this issue by requiring each agency with regulatory authority over a health professional providing certain telehealth services to adopt rules necessary to standardize formats for, and retention of records relating to, a patient's consent to treatment, data collection, and data sharing.
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| CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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| RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service in SECTION 1 of this bill.
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| ANALYSIS C.S.H.B. 1700 amends the Occupations Code to require each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service to adopt rules necessary to standardize formats for and retention of records related to a patient's consent to treatment, data collection, and data sharing. The rules must address the specific consent documentation required for the applicable type of services and include provisions, based on the appropriate standard of care, for consent documentation in an audio-only format.
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| EFFECTIVE DATE September 1, 2025.
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| COMPARISON OF INTRODUCED AND SUBSTITUTE C.S.H.B. 1700 differs from the introduced only by including a Texas Legislative Council draft number in the footer. |
| H.B. No. 1700 | ||
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| relating to certain records of a health professional providing a | ||
| telemedicine medical service, teledentistry dental service, or | ||
| telehealth service. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 111.004, Occupations Code, is amended by | ||
| adding Subsections (c) and (d) to read as follows: | ||
| (c) Each agency with regulatory authority over a health | ||
| professional providing a telemedicine medical service, | ||
| teledentistry dental service, or telehealth service shall adopt | ||
| rules necessary to standardize formats for and retention of records | ||
| related to a patient's consent to: | ||
| (1) treatment; | ||
| (2) data collection; and | ||
| (3) data sharing. | ||
| (d) Rules adopted under Subsection (c) must: | ||
| (1) as applicable, address the specific consent | ||
| documentation required for: | ||
| (A) telemedicine medical services; | ||
| (B) teledentistry dental services; or | ||
| (C) telehealth services; and | ||
| (2) include provisions, based on the appropriate | ||
| standard of care, for consent documentation in an audio-only | ||
| format. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
| TO: | Honorable Gary VanDeaver, Chair, House Committee on Public Health |
| FROM: | Jerry McGinty, Director, Legislative Budget Board |
| IN RE: | HB1700 by Fairly (Relating to certain records of a health professional providing a telemedicine medical service, teledentistry dental service, or telehealth service.), As Introduced |
| Source Agencies: | 452 Department of Licensing and Regulation, 503 Texas Medical Board, 504 Texas State Board of Dental Examiners, 507 Texas Board of Nursing, 510 Behavioral Health Executive Council, 514 Optometry Board |
| LBB Staff: | JMc, NPe, BFa |
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Common questions about HB1700
HB1700 mandates that all telehealth, teledentistry, and telemedicine providers transition from generic informed consent to state-standardized consent formats for treatment, data collection, and data sharing. This legislation removes discretion from the provider regarding intake forms and places it with the oversight boards (TMB, TSBDE, Nursing, etc. ), affecting every licensed practice utilizing remote care technologies.
HB1700 was authored by Texas Representative Caroline Fairly during the Regular Session.
HB1700 was signed into law by Governor Greg Abbott on June 20, 2025.
HB1700 is enforced by Texas Medical Board, Texas State Board of Dental Examiners, Texas Board of Nursing, Texas Department of Licensing and Regulation, Behavioral Health Executive Council and Texas Optometry Board.
The compliance urgency for HB1700 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
The cost impact of HB1700 is estimated as "low". This may vary based on industry and implementation requirements.
HB1700 addresses topics including health care providers, occupational regulation, occupational regulation--health occupations, dental services and records management.
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