BILL ANALYSIS


                                                         S.B. 548
                                                        By: Madla
                                        Health and Human Services
                                                         03-15-95
                                       Committee Report (Amended)
BACKGROUND

Persons who practice podiatry in Texas are required to be licensed
by the Texas State Board of Podiatry Examiners.  However, the laws
regulating the practice of podiatry do not provide for the
confidentiality of podiatric patient records or communications
between podiatrist and patient.

In addition, Section 5.01, Medical Practice Act (Article 4495b,
V.T.C.S.), authorizes the approval of health organizations formed
solely by persons licensed by the Texas State Board of Medical
Examiners; however, current law does not authorize podiatrists to
provide podiatry services on behalf of such health organizations.

PURPOSE

As proposed, S.B. 548 sets forth confidentiality and privilege
requirements relating to the regulation of podiatry and authorizes
a podiatrist to provide services for certain health organizations
authorized under Section 5.01, Medical Practice Act.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 11, Title 71, V.T.C.S., by adding
Article 4575d, as follows:

     Art. 4575d.  CONFIDENTIALITY AND PRIVILEGE REQUIREMENTS

     Sec. 1.  Defines "patient" and "podiatric record."
     
     Sec. 2.  (a) Makes confidential, privileged, and not to be
     disclosed except as provided by this article a communication,
     relating to podiatric services, between a podiatrist and a
     patient.
     
     (b) Makes confidential, privileged, and not to be disclosed
       except as provided by this article records of a podiatrist
       concerning the identity, diagnosis, evaluation, or treatment
       of a patient.
       
       (c) Prohibits a person, other than one listed under Section
       5 or 6 of this Article, from disclosing confidential
       information beyond the extent to which disclosure is
       consistent with the authorized purposes of its obtainment.
       
       (d) Makes the prohibitions of this section continually
       applicable irrespective of when the patient received the
       services.
       
       Sec. 3.  (a) Authorizes the privilege of confidentiality to be
     claimed by the patient or a podiatrist acting on the patient's
     behalf.
     
     (b) Authorizes the podiatrist to claim the privilege of
       confidentiality only on behalf of the patient.  Provides
       that the authority to claim the privilege is presumed in the
       absence of contrary evidence.
       
       Sec. 4.  (a) Provides that an exception to the confidentiality
     and privilege requirements exists in a court or administrative
     proceeding if the proceeding is brought by the patient against
     a podiatrist, the patient or person authorized to act on the
     patient's behalf submits a written consent to the release of
     confidential information, or the purpose of the proceeding is
     to substantiate and collect on a claim for services.
     
     (b) Provides that an exception to the confidentiality and
       privilege requirements exists in a civil litigation or
       administrative proceeding brought on the patient's behalf if
       the plaintiff is attempting to recover monetary damages for
       any physical or mental condition, including the patient's
       death.  Makes information discoverable in a court or
       administrative proceeding if the information is relevant to
       the proceeding and the court or administrative body has
       jurisdiction over the subject matter.
       
       (c) Provides that an exception to the confidentiality and
       privilege requirements exists in a disciplinary
       investigation or proceeding conducted against a podiatrist
       under this chapter.  Requires the Texas State Board of
       Podiatry Examiners (board) to protect the identity of any
       patient except those covered under Subsection (a)(1) or
       those who have submitted written consent to the release of
       their records.
       
       (d) Provides that an exception to the confidentiality and
       privilege requirements exists in a criminal investigation
       of, or criminal proceeding against, a podiatrist in which
       the board is providing records obtained from the podiatrist. 
       Requires the board to protect the identity of any patient,
       except those covered under Subsection (a)(1) or those who
       have submitted written consent to the release of their
       records.
       
       (e) Provides that an exception to the confidentiality or
       privilege requirements exists in a criminal prosecution in
       which the patient is a victim, witness, or defendant. 
       Provides that records or communications are not discoverable
       until the court makes an in camera determination as to their
       relevancy.
       
       Sec. 5.  (a) Provides that an exception to the confidentiality
     or privilege requirements exists only for, and authorizes
     disclosure of confidential information by a podiatrist only to
     a governmental agency or to medical or law enforcement
     personnel under specific circumstances.
     
     (b) Prohibits a person who receives information under
       Subsection (a)(3) from disclosing a patient's identity
       directly or indirectly.
       
       (c) Authorizes records reflecting charges and services
       rendered to be disclosed only when necessary in the
       collection of fees for services.
       
       (d) Authorizes confidential information other than that
       which identifies a patient or client, unless the patient
       gives consent to release the information, to be disclosed in
       an official legislative inquiry regarding a state hospital
       or state school.
       
       Sec. 6.  (a) Sets forth the parties required to grant consent
     for the release of confidential information.
     
     (b) Sets forth the required specifications of the written
       consent.
       
       (c) Gives the patient or other person authorized to consent
       the right to withdraw the consent.  Provides that the
       withdrawal of consent does not affect information disclosed
       before the written notice of withdrawal.
       
       Sec. 7.  Authorizes the person who receives confidential
     information to disclose the information only to the extent
     consistent with the authorized purposes for which consent was
     obtained.
     
     Sec. 8.  (a) Requires the podiatrist to furnish copies,
     summaries, or narratives of records requested under a written
     consent unless the podiatrist determines that access to the
     information would be harmful to the physical, mental, or
     emotional health of the patient.  Authorizes the podiatrist to
     delete confidential information about another person who has
     not consented to the release.
     
     (b) Requires the podiatrist to furnish the information
       within a reasonable period of time and requires the patient
       or another person acting on the patient's behalf to pay
       reasonable fees for furnishing the information.
SECTION 2. Amends Chapter 11, Title 71, V.T.C.S., by adding Article
4576, as follows:

     Art. 4576.  PODIATRY SERVICES FOR CERTAIN HEALTH
     ORGANIZATIONS.  Authorizes a licensed podiatrist to contract
     with a health organization approved by the Texas State Board
     of Medical Examiners under Section 5.01, Medical Practice Act
     (Article 4495b, V.T.C.S.), to provide podiatry services on its
     behalf.
     
     SECTION 3.     Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.