By Eiland H.B. No. 1172
74R412 JRD-F
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)(1) A physician shall furnish copies of medical records
1-10 requested<, or a summary or narrative of the records,> pursuant to
1-11 a written consent for release of the records <information> as
1-12 provided by Subsection (j) of this section, except if the physician
1-13 determines that access to the records <information> would be
1-14 harmful to the physical, mental, or emotional health of the
1-15 patient, and the physician may delete confidential information
1-16 about another person who has not consented to the release. The
1-17 records <information> shall be furnished by the physician within 15
1-18 working <30> days after the date of receipt of the written consent
1-19 <request> and after payment of reasonable and customary fees for
1-20 <furnishing> the records <information shall be paid> by the patient
1-21 or someone on the patient's <his> behalf.
1-22 (2) If the physician denies the request, in whole or
1-23 in part, the physician shall furnish the patient a written
1-24 statement, signed and dated, stating the reason for the denial. A
2-1 copy of the statement denying the request shall be placed in the
2-2 patient's medical records.
2-3 (3) The reproduction charge for furnishing a copy of a
2-4 document that is legal size or smaller may not exceed the cost
2-5 figure published by the General Services Commission under Section
2-6 552.261, Government Code, for reproduction of a standard size
2-7 public record.
2-8 (4) Notwithstanding the provisions of Subdivision (1)
2-9 of this subsection regarding withholding records and deleting
2-10 information, a physician shall furnish a complete copy of medical
2-11 records to a subsequent or consulting physician, within the time
2-12 prescribed by Subdivision (1) of this subsection, if the furnishing
2-13 physician receives the written consent for release of the records:
2-14 (A) as provided by Subsection (j) of this
2-15 section; and
2-16 (B) by registered or certified mail.
2-17 (5) If the physician does not timely furnish the
2-18 medical records as prescribed by this subsection, the patient or
2-19 other person to whom the records are to be released:
2-20 (A) may petition a district court of the county
2-21 in which the patient or the other person resides, or a district
2-22 court of Travis County if the patient or the other person bringing
2-23 the action is not a resident of this state, for appropriate
2-24 injunctive relief directing the physician to promptly furnish the
2-25 records; and
2-26 (B) is entitled to recover court costs and
2-27 reasonable attorney's fees from the physician in an action under
3-1 Paragraph (A) of this subdivision, if the patient or other person
3-2 bringing the action substantially prevails.
3-3 (6) In an action under Subdivision (5) of this
3-4 subsection:
3-5 (A) it is unnecessary for the patient or the
3-6 other person bringing the action to show that another adequate
3-7 remedy does not exist; and
3-8 (B) it is an affirmative defense that the
3-9 physician:
3-10 (i) made a good faith determination that
3-11 the patient or other person to whom the medical records were to be
3-12 released should be denied access to the records for a reason
3-13 allowed under Subdivision (1) of this subsection; and
3-14 (ii) informed the patient or other person
3-15 bringing the action of that determination within the period allowed
3-16 for release of the records.
3-17 (7) In this subsection, "medical records" means any
3-18 records pertaining to the history, diagnosis, treatment, or
3-19 prognosis of the patient.
3-20 SECTION 2. This Act takes effect September 1, 1995.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.