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.