By: Parker S.B. No. 1409
A BILL TO BE ENTITLED
AN ACT
1-1 relating to medical liability actions and medical liability
1-2 insurance; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.02, Part 4, Chapter 817, Acts of the
1-5 65th Legislature, Regular Session, 1977, as it relates to Parts 2
1-6 and 3 of that chapter, not previously repealed by Section 2,
1-7 Chapter 608, Acts of the 72nd Legislature, Regular Session, 1991,
1-8 is hereby repealed.
1-9 SECTION 2. Section 41.02, Part 4, Chapter 817, Acts of the
1-10 65th Legislature, Regular Session, 1977, is amended to read as
1-11 follows:
1-12 Sec. 41.02. Part 1 of this <This> Act expires at midnight on
1-13 August 31, 2009 <1993>.
1-14 SECTION 3. Section 10.02, Medical Liability and Insurance
1-15 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
1-16 Statutes), is amended to read as follows:
1-17 Sec. 10.02. ACTIONS AGAINST HEALTH CARE PROVIDERS WHOSE
1-18 IDENTITY OR ROLE IS UNKNOWN. (a) For the purposes of tolling the
1-19 statute of limitations in a health care liability claim, any person
1-20 may file a petition stating a health care liability claim in the
1-21 appropriate court of this state, whenever the identity or role of
1-22 any health care provider is unknown.
1-23 (b) The name of any such unknown health care provider shall
2-1 be designated by the pseudonym John Doe or, if there is more than
2-2 one tortfeasor, John Doe 1, John Doe 2, John Doe 3, etcetera.
2-3 (c) After filing the petition designating a John Doe, the
2-4 filing party shall proceed with due diligence to discover the
2-5 identity or role of the health care provider described by the
2-6 pseudonym and, on determining the identity and role of the health
2-7 care provider, the petition shall be amended by substituting the
2-8 real name for the pseudonym, no later than the 120th day after the
2-9 filing of the petition naming the John Doe.
2-10 (d) If the party added by amendment in accordance with this
2-11 section did not receive notice as provided by Section 4.01 of this
2-12 Act, that party shall be entitled on request to the court to an
2-13 abatement of the lawsuit for such time as the court shall determine
2-14 is appropriate under the circumstances of the case but not to
2-15 exceed 60 days following the date of service of citation. <CAUSES
2-16 OF ACTION COVERED BY OTHER LAW. Causes of action accruing between
2-17 the effective date of this Act and the effective date of Article
2-18 5.82, Insurance Code, shall be filed pursuant to Section 4 of
2-19 Article 5.82.>
2-20 SECTION 4. The Medical Liability and Insurance Improvement
2-21 Act of Texas (Article 4590i, Vernon's Texas Civil Statutes), is
2-22 amended by adding Subchapter M to read as follows:
2-23 SUBCHAPTER M. PROCEDURAL PROVISIONS
2-24 Sec. 13.01. AFFIDAVIT OR COST BOND. (a) In a health care
2-25 liability claim, the plaintiff's attorney or, if the plaintiff is
3-1 not represented by an attorney, the plaintiff shall, within 90 days
3-2 after the date the action was commenced, file an affidavit
3-3 attesting that the attorney or plaintiff has obtained a written
3-4 opinion from an expert who has knowledge of accepted standards of
3-5 care for the diagnosis, care, or treatment of the illness, injury,
3-6 or condition involved in the claim, that the acts or omissions of
3-7 the physician or health care provider were negligent and a
3-8 proximate cause of the injury, harm, or damages claimed.
3-9 (b) A plaintiff or plaintiff's attorney shall be deemed to
3-10 be in compliance with Subsection (a) of this section if, within 90
3-11 days after the date the action was commenced, the plaintiff posts a
3-12 bond with surety or any other equivalent security approved by the
3-13 court, including cash in an escrow account, for costs in an amount
3-14 of $2,000.
3-15 (c) If on the expiration of the 90th day after the date the
3-16 action was commenced or the expiration of the extension period
3-17 described in Subsection (d) of this section, whichever is later,
3-18 the plaintiff has failed to post security as described in
3-19 Subsection (b) of this section or alternatively has failed to file
3-20 an affidavit as described in Subsection (a) of this section, then
3-21 the court on the motion of any party or on the court's own motion
3-22 shall increase the amount of security required by Subsection (b) of
3-23 this section to an amount not to exceed $4,000. If the plaintiff
3-24 fails to post the increased security within 30 days after being
3-25 served with a copy of the court's order or fails to provide an
4-1 affidavit as provided by Subsection (a) of this section, the court
4-2 shall on motion unless good cause is shown for such failure dismiss
4-3 the action without prejudice to its refiling and assess costs of
4-4 court against plaintiff.
4-5 (d) The court on motion of any party and for good cause
4-6 shown may extend the time for the plaintiff to comply with
4-7 Subsection (a) or (b) of this section for a period not to exceed 90
4-8 days. The time for the plaintiff to comply with Subsection (a) or
4-9 (b) of this section may also be extended by written agreement of
4-10 the parties filed with the court.
4-11 (e) Discovery concerning the affidavit, including the
4-12 written opinion and the identity of the physician or health care
4-13 provider who supplied the opinion, shall not be allowed unless the
4-14 physician or health care provider who supplied the opinion is
4-15 designated as an expert witness by the plaintiff.
4-16 Sec. 13.02. DISCOVERY PROCEDURES. (a) In every health care
4-17 liability claim the plaintiff shall within 45 days after the date
4-18 of filing of the original petition serve on the defendant's
4-19 attorney or, if no attorney has appeared for the defendant, on the
4-20 defendant full and complete answers to the appropriate standard set
4-21 of interrogatories and full and complete responses to the
4-22 appropriate standard set of requests for production of documents
4-23 and things promulgated in accordance with Subsection (c) of this
4-24 section.
4-25 (b) Every physician or health care provider who is a
5-1 defendant in a health care liability claim shall within 45 days
5-2 after the date on which an answer to the petition was due serve on
5-3 the plaintiff's attorney or, if the plaintiff is not represented by
5-4 an attorney, on the plaintiff full and complete answers to the
5-5 appropriate standard set of interrogatories and complete responses
5-6 to the standard set of requests for production of documents and
5-7 things promulgated pursuant to Subsection (c) of this section.
5-8 (c) The chief justice of the Supreme Court of Texas shall
5-9 within 30 days after the effective date of this Act appoint as
5-10 members of the Health Care Liability Discovery Panel three persons
5-11 from a list of attorneys to be submitted by a statewide association
5-12 of attorneys whose members include persons who customarily
5-13 represent patients in health care liability actions and three
5-14 persons from a list of attorneys to be submitted by a statewide
5-15 association whose members include persons who customarily represent
5-16 defendants in health care liability actions. Members of the Health
5-17 Care Liability Discovery Panel serve without compensation. On or
5-18 before the 1st day of November, 1993, the Health Care Liability
5-19 Discovery Panel shall promulgate standard sets of interrogatories
5-20 and requests for production of documents and things appropriate for
5-21 each of the categories of plaintiffs and defendants usually
5-22 involved in health care liability claims. In preparing standard
5-23 sets of interrogatories the Health Care Liability Discovery Panel
5-24 shall not be restricted in number by any limit imposed under the
5-25 Texas Rules of Civil Procedure.
6-1 (d) The Supreme Court of Texas shall review the standard
6-2 sets of interrogatories and requests for production of documents
6-3 and things promulgated by the Health Care Liability Discovery Panel
6-4 and shall, no later than January 1, 1994, approve them in their
6-5 entirety, disapprove them in their entirety, or approve them with
6-6 modifications. If the supreme court disapproves such standard sets
6-7 of interrogatories and requests for production of documents and
6-8 things in their entirety, then such standard sets shall be null and
6-9 void and of no effect, and the Health Care Liability Discovery
6-10 Panel shall be disbanded. If the supreme court approves such
6-11 standard sets of interrogatories and requests for production of
6-12 documents and things with modifications, then the Health Care
6-13 Liability Discovery Panel shall either approve or disapprove of
6-14 such standard sets of interrogatories and requests for production
6-15 of documents and things as modified by the supreme court by a vote
6-16 of at least five of the six members of the panel. If the
6-17 modifications made by the supreme court fail to obtain the
6-18 necessary vote for approval by the panel, then such standard sets
6-19 of interrogatories and requests for production of documents and
6-20 things shall be null and void and of no effect and the panel shall
6-21 be disbanded. If the panel approves of the modified standard sets
6-22 of interrogatories and requests for production of documents and
6-23 things, then the supreme court shall proceed to publish the
6-24 standard sets in accordance with Subsection (e) of this section.
6-25 (e) As soon as practical after the approval of such standard
7-1 sets of interrogatories and requests for production of documents
7-2 and things by the Health Care Liability Discovery Panel and the
7-3 Supreme Court of Texas, and in any event no later than February 1,
7-4 1994, the supreme court shall publish such standard sets.
7-5 Notwithstanding any other law, the supreme court shall not be
7-6 required to publish such standard sets of interrogatories and
7-7 requests for production of documents and things for public comment.
7-8 Beginning on April 1, 1994, all plaintiffs and all physicians or
7-9 health care providers who are defendants in a health care liability
7-10 claim in which the plaintiff's original petition is filed on or
7-11 after that date shall file full and complete answers and responses
7-12 in accordance with Subsections (a) and (b) of this section.
7-13 (f) Nothing in this section shall limit or impede the
7-14 Supreme Court of Texas in exercising its rulemaking authority
7-15 pursuant to Sections 22.003 and 22.004, Government Code.
7-16 (g) Except on motion and for good cause shown, no objection
7-17 may be asserted regarding any standard interrogatory or request for
7-18 production of documents and things, but no response shall be
7-19 required where a particular interrogatory or request is clearly
7-20 inapplicable under the circumstances of the case.
7-21 (h) Failure to file full and complete answers and responses
7-22 to standard interrogatories and requests for production of
7-23 documents and things in accordance with Subsections (a) and (b) of
7-24 this section or the making of a groundless objection under
7-25 Subsection (g) of this section shall be grounds for sanctions by
8-1 the court in accordance with the Texas Rules of Civil Procedure on
8-2 motion of any party.
8-3 (i) The time limits imposed under Subsections (a) and (b) of
8-4 this section may be extended by the court on the motion of a
8-5 responding party for good cause shown and shall be extended if
8-6 agreed in writing between the responding party and all opposing
8-7 parties. In no event shall an extension be for a period of more
8-8 than an additional 30 days.
8-9 (j) If a party is added by an amended pleading,
8-10 intervention, or otherwise, the new party shall file full and
8-11 complete answers to the appropriate standard set of interrogatories
8-12 and full and complete responses to the standard set of requests for
8-13 production of documents and things no later than 45 days after the
8-14 date of filing of the pleading by which the party first appeared in
8-15 the action.
8-16 (k) If information or documents required to provide full and
8-17 complete answers and responses as required by this section are not
8-18 in the possession of the responding party or attorney when the
8-19 answers or responses are filed, the party shall supplement the
8-20 answers and responses in accordance with the Texas Rules of Civil
8-21 Procedure.
8-22 (l) Nothing in this section shall preclude any party from
8-23 taking additional non-duplicative discovery of any other party.
8-24 The standard sets of interrogatories provided for in this section
8-25 shall not constitute, as to each plaintiff and each physician or
9-1 health care provider who is a defendant, the first of the two sets
9-2 of interrogatories permitted under the Texas Rules of Civil
9-3 Procedure.
9-4 (m) Notwithstanding any other provisions of this section, if
9-5 a court of this state has, prior to the effective date of this
9-6 section, signed an order in tort litigation in which cases have
9-7 been consolidated for discovery, providing for standard sets of
9-8 interrogatories and requests for production of documents and
9-9 things, compliance with such an order shall be deemed to be
9-10 compliance with the requirements of this section.
9-11 SECTION 5. The Medical Liability and Insurance Improvement
9-12 Act of Texas (Article 4590i, Vernon's Texas Civil Statutes), is
9-13 amended by adding Subchapter O to read as follows:
9-14 SUBCHAPTER O. ARBITRATION AGREEMENTS
9-15 Sec. 15.01. ARBITRATION AGREEMENTS. (a) No physician,
9-16 professional association of physicians, or other health care
9-17 provider shall request or require a patient or prospective patient
9-18 to execute an agreement to arbitrate a health care liability claim
9-19 unless the form of agreement delivered to the patient contains a
9-20 written notice in 10-point boldface type clearly and conspicuously
9-21 stating:
9-22 UNDER TEXAS LAW, THIS AGREEMENT IS INVALID
9-23 AND OF NO LEGAL EFFECT UNLESS IT IS ALSO
9-24 SIGNED BY AN ATTORNEY OF YOUR OWN CHOOSING.
9-25 THIS AGREEMENT CONTAINS A WAIVER OF
10-1 IMPORTANT LEGAL RIGHTS, INCLUDING YOUR
10-2 RIGHT TO A JURY TRIAL IN THE EVENT YOU FIND
10-3 IT NECESSARY TO BRING A MALPRACTICE CASE
10-4 AGAINST YOUR PHYSICIAN OR OTHER HEALTH CARE
10-5 PROVIDER AS A RESULT OF MEDICAL NEGLIGENCE.
10-6 YOU SHOULD NOT SIGN THIS AGREEMENT WITHOUT
10-7 FIRST CONSULTING WITH AN ATTORNEY.
10-8 (b) A violation of this section by a physician or
10-9 professional association of physicians constitutes a violation of
10-10 the Medical Practice Act (Article 4495b, Vernon's Texas Civil
10-11 Statutes), and shall be subject to the enforcement provisions and
10-12 sanctions contained in Subchapter D of that Act.
10-13 (c) A violation of this section by a health care provider
10-14 other than a physician shall constitute a false, misleading, or
10-15 deceptive act or practice in the conduct of trade or commerce
10-16 within the meaning of Section 17.46 of the Deceptive Trade
10-17 Practices-Consumer Protection Act (Subchapter E, Chapter 17,
10-18 Business & Commerce Code), and shall be subject to an enforcement
10-19 action by the consumer protection division pursuant to said Act and
10-20 subject to the penalties and remedies contained in Section 17.47 of
10-21 that Act, notwithstanding Section 12.01 of this Act or any other
10-22 law.
10-23 (d) Notwithstanding any other provision of this section, a
10-24 person who is found to be in violation of this section for the
10-25 first time shall be subject only to injunctive relief or other
11-1 appropriate order requiring the person to cease and desist from
11-2 such violation, and not to any other penalty or sanction.
11-3 SECTION 6. Section 4.01, Medical Liability and Insurance
11-4 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
11-5 Statutes), is amended by amending Subsection (d) and adding
11-6 Subsections (e), (f), and (g) to read as follows:
11-7 (d) All parties shall be entitled to obtain complete and
11-8 unaltered copies of the claimant's medical records from any other
11-9 party within 21 <10> days from the date of receipt of a written
11-10 request for such records; provided, however, that the receipt of a
11-11 medical authorization executed by the claimant herein shall be
11-12 considered compliance by the claimant with this section. If a
11-13 claimant on request refuses to provide complete and unaltered
11-14 copies of the claimant's medical records and further refuses to
11-15 provide a medical authorization executed by the claimant, then any
11-16 party who thereafter shall obtain copies by other procedures
11-17 available through the Texas Rules of Civil Procedure, including by
11-18 subpoena, shall not be obligated to furnish copies of such medical
11-19 records to claimant except on payment of a proportionate share of
11-20 the reasonable court reporter and or records service fees and other
11-21 reasonable expenses actually incurred by such other party, except
11-22 on order of the court presiding over the action for good cause
11-23 shown.
11-24 (e) If a claimant, physician, or health care provider
11-25 receiving a properly executed request for medical records pursuant
12-1 to this section fails to deliver all requested records actually in
12-2 such person's possession to the requesting party within the time
12-3 required in Subsection (d) of this section, then in any action to
12-4 which the requesting person and the person who received the request
12-5 are parties, the person who failed to timely deliver such records
12-6 shall be responsible for paying court costs of the requesting
12-7 person in an amount not to exceed $250 regardless of whether the
12-8 requesting person prevails in the action, unless on motion and for
12-9 good cause shown the court presiding over the action rules
12-10 otherwise.
12-11 (f) For the purposes of this section, and notwithstanding
12-12 Section 5.08, Medical Practices Act (Article 4495b, Vernon's Texas
12-13 Civil Statutes), or any other law, a request for the medical
12-14 records of a deceased person or a person who is incompetent shall
12-15 be deemed to be valid if accompanied by an authorization signed by
12-16 a parent, spouse, or adult child of the deceased or incompetent
12-17 person.
12-18 (g) A physician or health care provider or an insurer or
12-19 other representative of a physician or health care provider who
12-20 receives medical records or a medical authorization of a patient as
12-21 a result of a request pursuant to this section made prior to the
12-22 filing of any action against the physician or other health care
12-23 provider shall not seek or acquire any confidential information
12-24 regarding such patient from other physicians or health care
12-25 providers who have treated the patient without written
13-1 authorization from the patient or the patient's representative
13-2 expressly authorizing the other physician or health care provider
13-3 to discuss the confidential information with the physician, health
13-4 care provider, insurer, or other representative making the request
13-5 for the confidential information. In any action involving the
13-6 health care liability claim in question, on a showing that a
13-7 violation of this section has occurred, the court presiding over
13-8 the action shall impose a sanction on the violating party in
13-9 accordance with any rule of the Texas Rules of Civil Procedure
13-10 relating to sanctions for violating discovery orders, including, at
13-11 a minimum, taxing the violating party court costs incurred by the
13-12 claimant, not to exceed $2,500, regardless of whether the claimant
13-13 prevails in the action.
13-14 SECTION 7. Section 14.01, Medical Liability and Insurance
13-15 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
13-16 Statutes), is amended to read as follows:
13-17 Sec. 14.01. QUALIFICATION OF EXPERT WITNESS IN SUIT AGAINST
13-18 PHYSICIAN. (a) In a suit involving a health care liability claim
13-19 against a physician or health care provider for injury to or death
13-20 of a patient, a person may qualify as an expert witness on the
13-21 issue of whether the physician or health care provider departed
13-22 from accepted standards of <medical> care only if:
13-23 (1) the person is practicing as a physician or a
13-24 health care provider at the time such testimony is given or was
13-25 practicing as a physician or a health care provider at the time the
14-1 claim arose and has knowledge of accepted standards of <medical>
14-2 care for the diagnosis, care, or treatment of the illness, injury,
14-3 or condition involved in the claim; <or>
14-4 (2) the court, after a hearing conducted outside the
14-5 presence of the jury, determines that the person is otherwise
14-6 qualified to give expert testimony on said issue; or
14-7 (3) the issue about which the witness will give
14-8 testimony involves administrative functions and the witness has
14-9 knowledge of accepted standards of care even though the witness may
14-10 not be a physician or health care provider.
14-11 (b) For the purpose of this section, "practicing" for
14-12 physicians includes, but is not limited to, training residents or
14-13 students at an accredited school of medicine or osteopathy or
14-14 serving as a consulting physician to other physicians who provide
14-15 direct patient care, upon the request of such other physicians,
14-16 and, for other health care providers, "practicing" includes, but is
14-17 not limited to, training students at an accredited school of health
14-18 care through which the health care provider receives training or
14-19 serving as a consulting health care provider to other similar
14-20 health care providers who provide direct patient care, on the
14-21 request of such other health care providers.
14-22 SECTION 8. Section 161.032, Health and Safety Code, is
14-23 amended to read as follows:
14-24 Sec. 161.032. RECORDS AND PROCEEDINGS CONFIDENTIAL.
14-25 (a) The records and proceedings of a medical committee are
15-1 confidential and are not subject to court subpoena.
15-2 (b) The records and proceedings may be used by the committee
15-3 and the committee members only in the exercise of proper committee
15-4 functions.
15-5 (c) This section and Section 5.06, Medical Practices Act
15-6 (Article 4495b, Vernon's Texas Civil Statutes), do <does> not apply
15-7 to:
15-8 (1) records made or maintained in the regular course
15-9 of business by a hospital, health maintenance organization, medical
15-10 organization, university medical center or health science center,
15-11 or extended care facility;
15-12 (2) incident reports, accident reports,
15-13 mortality/morbidity reports, witness statements, and other
15-14 investigative records relating to the incident made the basis of
15-15 the health care liability claim in question, unless prepared in
15-16 anticipation of litigation after good cause exists to believe a
15-17 suit will be filed;
15-18 (3) records regarding the granting, renewal,
15-19 restriction, suspension, or termination of privileges of medical
15-20 staff members; and
15-21 (4) any document reflecting the final decision or
15-22 statement of basis of the decision, by agreement or otherwise, of
15-23 any medical or nursing peer review committee involving a physician
15-24 or health care provider who is a defendant in a health care
15-25 liability claim. The records enumerated in this subsection shall
16-1 be discoverable and, to the extent permitted by the Texas Rules of
16-2 Evidence, admissible in evidence in any health care liability
16-3 claim, notwithstanding any other law, provided that nothing in this
16-4 subsection requires the release of peer review committee minutes,
16-5 hearing transcripts, or other records of the deliberative process
16-6 of a medical or nursing peer review committee.
16-7 SECTION 9. Subsection (g), Section 5.08, (Article 4495b,
16-8 Vernon's Texas Civil Statutes), is amended to read as follows:
16-9 (g) Exceptions to confidentiality or privilege in court or
16-10 administrative proceedings exist:
16-11 (1) when the proceedings are brought by the patient
16-12 against a physician, including but not limited to malpractice
16-13 proceedings, and any criminal or license revocation proceeding in
16-14 which the patient is a complaining witness and in which disclosure
16-15 is relevant to the claims or defense of a physician;
16-16 (2) when the patient or someone authorized to act on
16-17 his behalf submits a written consent to the release of any
16-18 confidential information, as provided in Subsection (j) of this
16-19 section;
16-20 (3) when the purpose of the proceedings is to
16-21 substantiate and collect on a claim for medical services rendered
16-22 to the patient;
16-23 (4) in any civil litigation or administrative
16-24 proceeding, if relevant, brought by the patient or someone on the
16-25 patient's <his> behalf, if the patient is attempting to recover
17-1 monetary damages for any physical or mental condition, including
17-2 the death of the patient, or, with the deletion of the patient's
17-3 name and other identifying information, in any civil litigation or
17-4 administrative proceeding, if relevant, brought by another person
17-5 to recover monetary damages for any physical or mental injury or
17-6 death. Any information is discoverable in any court or
17-7 administrative proceeding in this state if the court or
17-8 administrative body has jurisdiction over the subject matter,
17-9 pursuant to rules of procedure specified for the matters. Nothing
17-10 in this subsection shall prejudice the right of a health care
17-11 provider or physician to request an appropriate protective order
17-12 pursuant to the Texas Rules of Civil Procedure;
17-13 (5) in any disciplinary investigation or proceeding of
17-14 a physician conducted under or pursuant to this Act, provided that
17-15 the board shall protect the identity of any patient whose medical
17-16 records are examined, except for those patients covered under
17-17 Subdivision (1) of Subsection (g) of this section or those patients
17-18 who have submitted written consent to the release of their medical
17-19 records as provided by Subsection (j) of this section;
17-20 (6) in any criminal investigation of a physician in
17-21 which the board is participating or assisting in the investigation
17-22 or proceeding by providing certain medical records obtained from
17-23 the physician, provided that the board shall protect the identity
17-24 of any patient whose medical records are provided in the
17-25 investigation or proceeding, except for those patients covered
18-1 under Subdivision (1) of Subsection (g) of this section or those
18-2 patients who have submitted written consent to the release of their
18-3 medical records as provided by Subsection (j) of this section.
18-4 This subsection does not authorize the release of any confidential
18-5 information for the purpose of instigating or substantiating
18-6 criminal charges against a patient;
18-7 (7) in an involuntary civil commitment proceeding,
18-8 proceeding for court-ordered treatment, or probable cause hearing
18-9 under:
18-10 (A) the Texas Mental Health Code (Article 5547-1
18-11 et seq., Vernon's Texas Civil Statutes);
18-12 (B) the Mentally Retarded Persons Act of 1977
18-13 (Article 5547-300, Vernon's Texas Civil Statutes);
18-14 (C) Section 9, Chapter 411, Acts of the 53rd
18-15 Legislature, Regular Session, 1953 (Article 5561c, Vernon's Texas
18-16 Civil Statutes);
18-17 (D) Section 2, Chapter 543, Acts of the 61st
18-18 Legislature, Regular Session, 1969 (Article 5561c-1, Vernon's Texas
18-19 Civil Statutes); or
18-20 (8) in any criminal prosecution where the patient is a
18-21 victim, witness, or defendant. Records are not discoverable until
18-22 the court in which the prosecution is pending makes an in camera
18-23 determination as to the relevancy of the records or communications
18-24 or any portion thereof. Such determination shall not constitute a
18-25 determination as to the admissibility of such records or
19-1 communications or any portion thereof.
19-2 SECTION 10. This Act takes effect immediately except that
19-3 Sections 3, 4, 5, 6, 7, 8, and 9 take effect on September 1, 1993.
19-4 SECTION 11. The importance of this legislation and the
19-5 crowded condition of the calendars in both houses create an
19-6 emergency and an imperative public necessity that the
19-7 constitutional rule requiring bills to be read on three several
19-8 days in each house be suspended, and this rule is hereby suspended,
19-9 and that this Act take effect and be in force according to its
19-10 terms, and it is so enacted.