1-1 By: Shields (Senate Sponsor - Madla) H.B. No. 1927
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on Health
1-4 and Human Services; May 23, 1993, reported favorably by the
1-5 following vote: Yeas 7, Nays 0; May 23, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the confidentiality of the records and proceedings of a
1-20 medical committee.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 161.032, Health and Safety Code, is
1-23 amended by adding Subsections (d), (e), and (f) to read as follows:
1-24 (d) A medical committee may disclose information that is
1-25 confidential under this section to another medical committee, a law
1-26 enforcement agency, or other agency of this state or the federal
1-27 government, a national accreditation organization, or a regulatory
1-28 or licensing agency of another state.
1-29 (e) Disclosure of information under Subsection (d), whether
1-30 made by a member, employee, or agent of the medical committee and
1-31 whether authorized by the committee or not, does not waive the
1-32 privilege of confidentiality under this section.
1-33 (f) Information that is confidential under this section is
1-34 not admissible for any purpose in a judicial proceeding unless the
1-35 privilege of confidentiality is waived in writing executed on
1-36 behalf of the committee and filed with the court.
1-37 SECTION 2. This Act applies to records made and maintained
1-38 and to proceedings occurring before, on, or after the effective
1-39 date of this Act, except that this Act does not apply to records
1-40 and proceedings that were disclosed before the effective date of
1-41 this Act under a valid subpoena issued by a court of competent
1-42 jurisdiction.
1-43 SECTION 3. The importance of this legislation and the
1-44 crowded condition of the calendars in both houses create an
1-45 emergency and an imperative public necessity that the
1-46 constitutional rule requiring bills to be read on three several
1-47 days in each house be suspended, and this rule is hereby suspended,
1-48 and that this Act take effect and be in force from and after its
1-49 passage, and it is so enacted.
1-50 * * * * *
1-51 Austin,
1-52 Texas
1-53 May 23, 1993
1-54 Hon. Bob Bullock
1-55 President of the Senate
1-56 Sir:
1-57 We, your Committee on Health and Human Services to which was
1-58 referred H.B. No. 1927, have had the same under consideration, and
1-59 I am instructed to report it back to the Senate with the
1-60 recommendation that it do pass and be printed.
1-61 Zaffirini,
1-62 Chair
1-63 * * * * *
1-64 WITNESSES
1-65 FOR AGAINST ON
1-66 ___________________________________________________________________
1-67 Name: David Marwitz x
1-68 Representing: Texas Hospital Association
2-1 City: Austin, Texas
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