73R6277 E
          By Goolsby                                              H.B. No. 97
          Substitute the following for H.B. No. 97:
          By McDonald                                         C.S.H.B. No. 97
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the right of a patient or the patient's representative
    1-3  to a copy of the patient's medical records and to the charge for
    1-4  providing the copy.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 5.08(k), Medical Practice Act (Article
    1-7  4495b, Vernon's Texas Civil Statutes), is amended to read as
    1-8  follows:
    1-9        (k)  Unless otherwise provided by law, a <A> physician shall
   1-10  furnish copies of medical records requested<, or a summary or
   1-11  narrative of the records,> pursuant to a written consent for
   1-12  release of the records <information> as provided by Subsection (j)
   1-13  of this section, except if the physician determines that access to
   1-14  the records <information> would be harmful to the physical,
   1-15  mental, or emotional health of the patient, and the physician may
   1-16  delete confidential information about another person who has not
   1-17  consented to the release.  A subsequent or consulting physician
   1-18  shall receive complete copies of medical records after receipt of
   1-19  the written consent by certified mail as required by this
   1-20  subsection.  The records <information> shall be furnished by the
   1-21  physician within 15 working days after receipt of the written
   1-22  consent <a reasonable period of time> and after payment of
   1-23  reasonable and customary fees for <furnishing> the records
   1-24  <information shall be paid> by the patient or someone on the
    2-1  patient's <his> behalf.  The reproduction charge for furnishing a
    2-2  copy of a standard or legal size document may not exceed the cost
    2-3  figure published by the General Services Commission under Section
    2-4  9(a) of the Open Records Law for reproduction of a standard or
    2-5  legal size public record.  In this subsection, "medical records"
    2-6  means any records pertaining to the history, diagnosis, treatment,
    2-7  or prognosis of the patient.
    2-8        SECTION 2.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency   and   an   imperative   public   necessity   that   the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.