By:  Parker                                     S.R. No. 1158
                                   SENATE RESOLUTION
    1-1        BE IT RESOLVED by the Senate of the State of Texas, That Rule
    1-2  12.03, Rules of the Senate, 73rd Legislature, is suspended, as
    1-3  provided by Senate Rule 12.08, to the extent described in this
    1-4  Resolution, to enable the conference committee appointed to adjust
    1-5  the differences between the House and Senate versions of S.B. No.
    1-6  1061, relating to the continuation and functions of the Texas Board
    1-7  of Chiropractic Examiners and to the regulation of the practice of
    1-8  chiropractic, to successfully conclude the committee's
    1-9  deliberations, by authorizing the conferees to consider and take
   1-10  action on the following specific matters:
   1-11        (1)  Senate Rule 12.03(4) is suspended to permit the
   1-12  committee to add the following new SECTION to the bill to read as
   1-13  follows:
   1-14        SECTION 22.  Chapter 94, Acts of the 51st Legislature,
   1-15  Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
   1-16  Statutes), is amended by adding Section 1b to read as follows:
   1-17        Sec. 1b.  (a)  Communications between one licensed to
   1-18  practice chiropractic, relative to or in connection with any
   1-19  professional services as a chiropractor to a patient, are
   1-20  confidential and privileged and may not be disclosed except as
   1-21  provided in this section.
   1-22        (b)  Records of the identity, diagnosis, evaluation, or
   1-23  treatment of a patient by a chiropractor that are created or
    2-1  maintained by a chiropractor are confidential and privileged and
    2-2  may not be disclosed except as provided in this section.
    2-3        (c)  Any person who receives information from confidential
    2-4  communications or records as described in this section other than
    2-5  the persons listed in Subsection (h) of this section who are acting
    2-6  on the patient's behalf may not disclose the information except to
    2-7  the extent that disclosure is consistent with the authorized
    2-8  purposes for which the information was first obtained.
    2-9        (d)  The prohibitions of this section continue to apply to
   2-10  confidential communications or records concerning any patient
   2-11  irrespective of when the patient received the services of a
   2-12  chiropractor.
   2-13        (e)  The privilege of confidentiality may be claimed by the
   2-14  patient or chiropractor acting on the patient's behalf.
   2-15        (f)  The chiropractor may claim the privilege of
   2-16  confidentiality, but only on behalf of the patient.  The authority
   2-17  to do so is presumed in the absence of evidence to the contrary.
   2-18        (g)  Exceptions to confidentiality or privilege in court or
   2-19  administrative proceedings exist:
   2-20              (1)  when the proceedings are brought by the patient
   2-21  against a chiropractor, including but not limited to malpractice
   2-22  proceedings, and any criminal or license revocation proceeding in
   2-23  which the patient is a complaining witness and in which disclosure
   2-24  is relevant to the claims or defense of a chiropractor;
   2-25              (2)  when the patient or someone authorized to act on
    3-1  the patient's behalf submits a written consent to the release of
    3-2  any confidential information, as provided in Subsection (j) of this
    3-3  section;
    3-4              (3)  when the purpose of the proceedings is to
    3-5  substantiate and collect on a claim for chiropractic services
    3-6  rendered to the patient;
    3-7              (4)  in any civil litigation or administrative
    3-8  proceeding, if relevant, brought by the patient or someone on his
    3-9  behalf if the patient is attempting to recover monetary damages for
   3-10  any physical or mental condition including death of the patient;
   3-11  any information is discoverable in any court or administrative
   3-12  proceeding in this state if the court or administrative body has
   3-13  jurisdiction over the subject matter, pursuant to rules of
   3-14  procedure specified for the matters;
   3-15              (5)  in any disciplinary investigation or proceeding of
   3-16  a chiropractor conducted under or pursuant to this Act, provided
   3-17  that the Board shall protect the identity of any patient whose
   3-18  chiropractic records are examined, except for those patients
   3-19  covered under Subdivision (1) of this subsection or those patients
   3-20  who have submitted written consent to the release of their
   3-21  chiropractic records as provided by Subsection (j) of this section;
   3-22              (6)  in any criminal investigation of a chiropractor in
   3-23  which the Board is participating or assisting in the investigation
   3-24  or proceeding by providing certain records obtained from the
   3-25  chiropractor, provided that the Board shall protect the identity of
    4-1  any patient whose records are provided in the investigation or
    4-2  proceeding, except for those patients covered under Subdivision (1)
    4-3  of this subsection or those patients who have submitted written
    4-4  consent to the release of their chiropractic records as provided by
    4-5  Subsection (j) of this section; this subsection does not authorize
    4-6  the release of any confidential information for the purpose of
    4-7  instigating or substantiating criminal charges against a patient;
    4-8  and
    4-9              (7)  in any criminal prosecution where the patient is a
   4-10  victim, witness, or defendant; records are not discoverable until
   4-11  the court in which the prosecution is pending makes an in camera
   4-12  determination as to the relevancy of the records or communications
   4-13  or any portion thereof; such determination shall not constitute a
   4-14  determination as to the admissibility of such records or
   4-15  communications or any portion thereof.
   4-16        (h)  Exceptions to the privilege of confidentiality, in other
   4-17  than court or administrative proceedings, allowing disclosure of
   4-18  confidential information by a chiropractor, exist only for the
   4-19  following:
   4-20              (1)  governmental agencies if the disclosures are
   4-21  required or permitted by law, provided that the agency shall
   4-22  protect the identity of any patient whose chiropractic records are
   4-23  examined;
   4-24              (2)  medical or law enforcement personnel if the
   4-25  chiropractor determines that there is a probability of imminent
    5-1  physical injury to the patient, to himself, or to others or if
    5-2  there is a probability of immediate mental or emotional injury to
    5-3  the patient;
    5-4              (3)  qualified personnel for the purpose of management
    5-5  audits, financial audits, program evaluations, or research, but the
    5-6  personnel may not identify, directly or indirectly, a patient in
    5-7  any report of the research, audit, or evaluation or otherwise
    5-8  disclose identity in any manner;
    5-9              (4)  those parts of the records reflecting charges and
   5-10  specific services rendered when necessary in the collection of fees
   5-11  for services provided by a chiropractor or chiropractors or
   5-12  professional associations or other entities qualified to render or
   5-13  arrange for services;
   5-14              (5)  any person who bears a written consent of the
   5-15  patient or other person authorized to act on the patient's behalf
   5-16  for the release of confidential information, as provided by
   5-17  Subsection (j) of this section;
   5-18              (6)  individuals, corporations, or governmental
   5-19  agencies involved in the payment or collection of fees for services
   5-20  rendered by a chiropractor;
   5-21              (7)  other chiropractors and personnel under the
   5-22  direction of the chiropractor who are participating in the
   5-23  diagnosis, evaluation, or treatment of the patient; or
   5-24              (8)  in any official legislative inquiry regarding
   5-25  state hospitals or state schools, provided that no information or
    6-1  records which identify a patient or client shall be released for
    6-2  any purpose unless proper consent to the release is given by the
    6-3  patient, and only records created by the state hospital or school
    6-4  or its employees shall be included under this subsection.
    6-5        (i)  Exceptions to the confidentiality privilege in this Act
    6-6  are not affected by any statute enacted before the effective date
    6-7  of this Act.
    6-8        (j)(1)  Consent for the release of confidential information
    6-9  must be in writing and signed by the patient; a parent or legal
   6-10  guardian if the patient is a minor; a legal guardian if the patient
   6-11  has been adjudicated incompetent to manage his personal affairs; an
   6-12  attorney ad litem appointed for the patient, as authorized by the
   6-13  Texas Mental Health Code (Subtitle C, Title 7, Health and Safety
   6-14  Code); the Persons with Mental Retardation Act (Subtitle D, Title
   6-15  7, Health and Safety Code); Subtitle B, Title 6, Health and Safety
   6-16  Code; Subtitle E, Title 7, Health and Safety Code; Chapter 5, Texas
   6-17  Probate Code; and Chapter 11, Family Code; or other applicable
   6-18  provision or a personal representative if the patient is deceased,
   6-19  provided that the written consent specifies the following:
   6-20                    (A)  the information records to be covered by the
   6-21  release;
   6-22                    (B)  the reasons or purposes for the release; and
   6-23                    (C)  the person to whom the information is to be
   6-24  released.
   6-25              (2)  The patient or other person authorized to consent
    7-1  has the right to withdraw his consent to the release of any
    7-2  information.  Withdrawal of consent does not affect any information
    7-3  disclosed prior to the written notice of the withdrawal.
    7-4              (3)  Any person who receives information made
    7-5  confidential by this Act may disclose the information to others
    7-6  only to the extent consistent with the authorized purposes for
    7-7  which consent to release the information was obtained.
    7-8        (k)  A chiropractor shall furnish copies of chiropractic
    7-9  records requested or a summary or narrative of the records pursuant
   7-10  to a written consent for release of the information as provided by
   7-11  Subsection (j) of this section, except if the chiropractor
   7-12  determines that access to the information would be harmful to the
   7-13  physical, mental, or emotional health of the patient, and the
   7-14  chiropractor may delete confidential information about another
   7-15  person who has not consented to the release.  The information shall
   7-16  be furnished by the chiropractor within a reasonable period of
   7-17  time, and reasonable fees for furnishing the information shall be
   7-18  paid by the patient or someone on the patient's behalf.  In this
   7-19  subsection, "chiropractic records" means any records pertaining to
   7-20  the history, diagnosis, treatment, or prognosis of the patient.
   7-21        (l)  "Patient" for the purposes of this section means any
   7-22  person who consults or is seen by a person licensed to practice
   7-23  chiropractic to receive chiropractic care.
   7-24        This action is necessary to specify confidentiality
   7-25  provisions and to protect the confidentiality of patients of
    8-1  chiropractors.
    8-2        (2)  Senate Rule 12.03(1) is suspended to permit the
    8-3  committee to amend the added language of House Amendment No. 3 to
    8-4  strike "Using an accident report prepared by a peace officer in a
    8-5  manner prohibited by law" and substitute "Using an accident report
    8-6  prepared by a peace officer in a manner prohibited by Section
    8-7  38.12, Penal Code".
    8-8        This action is necessary to specify the use of an accident
    8-9  report intended to be prohibited.
   8-10                                 _____________________________________
   8-11                                        President of the Senate
   8-12                                      I hereby certify that the
   8-13                                 above Resolution was adopted by
   8-14                                 the Senate on May 29, 1993.
   8-15                                 _____________________________________
   8-16                                        Secretary of the Senate