By:  Madla                                             S.B. No. 667
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the disclosure of health and mental health care
    1-2  information by certain providers of health care or mental health
    1-3  care.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 241, Health and Safety Code, is amended
    1-6  by adding Subchapter G to read as follows:
    1-7         SUBCHAPTER G.  DISCLOSURE OF HEALTH CARE INFORMATION
    1-8        Sec. 241.151.  DEFINITIONS.  In this subchapter:
    1-9              (1)  "Health care information" means information
   1-10  recorded in any form or medium that identifies a patient and
   1-11  relates to the history, diagnosis, treatment, or prognosis of a
   1-12  patient.
   1-13              (2)  "Health care provider" means a person who is
   1-14  licensed, certified, or otherwise authorized by the laws of this
   1-15  state to provide health care in the ordinary course of business or
   1-16  practice of a profession.
   1-17              (3)  "Institutional review board" means a board,
   1-18  committee, or other group formally designated by an institution or
   1-19  authorized under federal or state law to review or approve the
   1-20  initiation of or conduct periodic review of research programs to
   1-21  ensure the protection of the rights and welfare of human research
   1-22  subjects.
   1-23              (4)  "Legally authorized representative" means a parent
    2-1  or legal guardian if the patient is a minor, a legal guardian if
    2-2  the patient has been adjudicated incompetent to manage the
    2-3  patient's personal affairs, an agent of the patient authorized
    2-4  under a durable power of attorney for health care, an attorney ad
    2-5  litem appointed for the patient, a personal representative or
    2-6  statutory beneficiary if the patient is deceased, or an attorney
    2-7  retained by the patient or by the patient's legally authorized
    2-8  representative.
    2-9        Sec. 241.152.  WRITTEN AUTHORIZATION FOR DISCLOSURE OF HEALTH
   2-10  CARE INFORMATION.  (a)  Except as authorized by Section 241.153, a
   2-11  hospital or an agent or employee of a hospital may not disclose
   2-12  health care information about a patient to any person other than
   2-13  the patient without the written authorization of the patient or the
   2-14  patient's legally authorized representative.
   2-15        (b)  A disclosure authorization to a hospital is valid only
   2-16  if it:
   2-17              (1)  is in writing;
   2-18              (2)  is dated and signed by the patient or the
   2-19  patient's legally authorized representative;
   2-20              (3)  identifies the information to be disclosed; and
   2-21              (4)  identifies the person or entity to whom the
   2-22  information is to be disclosed.
   2-23        (c)  A disclosure authorization is valid until the 90th day
   2-24  after the date it is signed unless it provides otherwise or unless
   2-25  it is revoked.
    3-1        (d)  Except as provided by Subsection (e), a patient or the
    3-2  patient's legally authorized representative may revoke a disclosure
    3-3  authorization to a hospital at any time.  A revocation is valid
    3-4  only if it is in writing, dated with a date that is later than the
    3-5  date on the original authorization, and signed by the patient or
    3-6  the patient's legally authorized representative.
    3-7        (e)  A patient or the patient's legally authorized
    3-8  representative may not revoke a disclosure that is required for
    3-9  purposes of making payment to the hospital for health care provided
   3-10  to the patient.
   3-11        (f)  A patient may not maintain an action against a hospital
   3-12  for a disclosure made by the hospital in good-faith reliance on an
   3-13  authorization if the hospital's medical record department did not
   3-14  have notice that the authorization was revoked.
   3-15        (g)  A hospital may not charge a fee for providing health
   3-16  care information under Section 241.154(b) to the extent the fee is
   3-17  prohibited under Subchapter M, Chapter 161.
   3-18        Sec. 241.153.  DISCLOSURE WITHOUT WRITTEN AUTHORIZATION.  A
   3-19  patient's health care information may be disclosed without the
   3-20  patient's authorization if the disclosure is:
   3-21              (1)  to a health care provider who is rendering health
   3-22  care to the patient when the request for the disclosure is made;
   3-23              (2)  to an employee or agent of the hospital who
   3-24  requires health care information for health care education, quality
   3-25  assurance, or peer review or for assisting the hospital in the
    4-1  delivery of health care or in complying with statutory, licensing,
    4-2  accreditation, or certification requirements and if the hospital
    4-3  takes appropriate action to ensure that the employee or agent:
    4-4                    (A)  will not use or disclose the health care
    4-5  information for any other purpose; and
    4-6                    (B)  will take appropriate steps to protect the
    4-7  health care information;
    4-8              (3)  to a federal, state, or local government agency or
    4-9  authority to the extent authorized or required by law;
   4-10              (4)  to a hospital that is the successor in interest to
   4-11  the hospital maintaining the health care information;
   4-12              (5)  for use in a research project authorized by an
   4-13  institutional review board under federal law;
   4-14              (6)  to health care personnel of a penal or other
   4-15  custodial institution in which the patient is detained if the
   4-16  disclosure is for the sole purpose of providing health care to the
   4-17  patient;
   4-18              (7)  to facilitate reimbursement by a health benefit
   4-19  plan to a hospital, other health care provider, or the patient for
   4-20  medical services or supplies;
   4-21              (8)  to a health maintenance organization for purposes
   4-22  of maintaining a statistical reporting system as required by a rule
   4-23  adopted by a state agency or regulations adopted under the federal
   4-24  Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
   4-25  Section 300 et seq.);
    5-1              (9)  to satisfy a request for medical records of a
    5-2  deceased or incompetent person pursuant to Section 4.01(e), Medical
    5-3  Liability and Insurance Improvement Act of Texas (Article 4590i,
    5-4  Vernon's Texas Civil Statutes); or
    5-5              (10)  to a court pursuant to a court order or court
    5-6  subpoena.
    5-7        Sec. 241.154.  AUTHORIZED REQUEST.  (a)  On receipt of a
    5-8  written authorization from a patient or legally authorized
    5-9  representative to examine or copy all or part of the patient's
   5-10  recorded health care information, a hospital, as promptly as
   5-11  required under the circumstances but not later than the 15th day
   5-12  after the date the request is received, shall:
   5-13              (1)  make the information available for examination
   5-14  during regular business hours and provide a copy to the authorized
   5-15  requestor, if requested; or
   5-16              (2)  inform the authorized requestor if the information
   5-17  does not exist or cannot be found.
   5-18        (b)  The hospital may charge a reasonable fee for providing
   5-19  the health care information and is not required to permit
   5-20  examination or copying until the fee is paid unless there is a
   5-21  medical emergency.  The fee may not exceed the sum of:
   5-22              (1)  a retrieval or processing fee, which must include
   5-23  the fee for providing the first 10 pages of the copies and which
   5-24  may not exceed $30; and
   5-25                    (A)  a charge for each page of:
    6-1                          (i)  $1 for the 11th through the 60th page
    6-2  of the provided copies;
    6-3                          (ii)  50 cents for the 61st through the
    6-4  400th page of the provided copies; and
    6-5                          (iii)  25 cents for any remaining pages of
    6-6  the provided copies; and
    6-7                    (B)  the actual cost of mailing, shipping, or
    6-8  otherwise delivering the provided copies; or
    6-9              (2)  if the requested records are stored on microfiche,
   6-10  a retrieval or processing fee, which must include the fee for
   6-11  providing the first 10 pages of the copies and which may not exceed
   6-12  $45; and
   6-13                    (A)  $1 per page thereafter; and
   6-14                    (B)  the actual cost of mailing, shipping, or
   6-15  otherwise delivering the provided copies.
   6-16        (c)  Effective September 1, 1996, and annually thereafter,
   6-17  the fee for providing health care information as specified in this
   6-18  section shall be adjusted accordingly based on the most recent
   6-19  changes to the consumer price index as published by the Bureau of
   6-20  Labor Statistics of the United States Department of Labor that
   6-21  measures the average changes in prices of goods and services
   6-22  purchased by urban wage earners and clerical workers' families and
   6-23  single workers living alone.
   6-24        Sec. 241.155.  SAFEGUARDS FOR SECURITY OF HEALTH CARE
   6-25  INFORMATION.  A hospital shall adopt and implement reasonable
    7-1  safeguards for the security of all health care information it
    7-2  maintains.
    7-3        Sec. 241.156.  PATIENT REMEDIES.  (a)  A patient aggrieved by
    7-4  a violation of this subchapter relating to the unauthorized release
    7-5  of confidential health care information may bring an action for:
    7-6              (1)  appropriate injunctive relief; and
    7-7              (2)  damages resulting from the release.
    7-8        (b)  An action under Subsection (a) shall be brought in:
    7-9              (1)  the district court of the county in which the
   7-10  patient resides or in the case of a deceased patient the district
   7-11  court of the county in which the patient's legally authorized
   7-12  representative resides; or
   7-13              (2)  if the patient or the patient's legally authorized
   7-14  representative in the case of a deceased patient is not a resident
   7-15  of this state, the district court of Travis County.
   7-16        (c)  A petition for injunctive relief under Subsection (a)(1)
   7-17  takes precedence over all civil matters on the court docket except
   7-18  those matters to which equal precedence on the docket is granted by
   7-19  law.
   7-20        SECTION 2.  Subsection (a), Section 1.03, Medical Practice
   7-21  Act (Article 4495b, Vernon's Texas Civil Statutes), is amended by
   7-22  adding Subdivisions (17) and (18) to read as follows:
   7-23              (17)  "Legally authorized representative" means a
   7-24  parent or legal guardian if the patient is a minor, a legal
   7-25  guardian if the patient has been adjudicated incompetent to manage
    8-1  the patient's personal affairs, an agent of the patient authorized
    8-2  under a durable power of attorney for health care, an attorney ad
    8-3  litem appointed for the patient, a personal representative or
    8-4  statutory beneficiary if the patient is deceased, or an attorney
    8-5  retained by the patient or by the patient's legally authorized
    8-6  representative.
    8-7              (18)  "Medical records" means all records pertaining to
    8-8  the history, diagnosis, treatment, or prognosis of a patient.
    8-9        SECTION 3.  Subsections (g) and (h), Section 5.08, Medical
   8-10  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), are
   8-11  amended to read as follows:
   8-12        (g)  Exceptions to confidentiality or privilege in court or
   8-13  administrative proceedings exist:
   8-14              (1)  when the proceedings are brought by the patient
   8-15  against a physician, including but not limited to malpractice
   8-16  proceedings, and any criminal or license revocation proceeding in
   8-17  which the patient is a complaining witness and in which disclosure
   8-18  is relevant to the claims or defense of a physician;
   8-19              (2)  when the patient or someone authorized to act on
   8-20  his behalf submits a written consent to the release of any
   8-21  confidential information, as provided in Subsection (j) of this
   8-22  section;
   8-23              (3)  when the purpose of the proceedings is to
   8-24  substantiate and collect on a claim for medical services rendered
   8-25  to the patient;
    9-1              (4)  in any civil litigation or administrative
    9-2  proceeding, if relevant, brought by the patient or someone on his
    9-3  behalf if the patient is attempting to recover monetary damages for
    9-4  any physical or mental condition including death of the patient.
    9-5  Any information is discoverable in any court or administrative
    9-6  proceeding in this state if the court or administrative body has
    9-7  jurisdiction over the subject matter, pursuant to rules of
    9-8  procedure specified for the matters;
    9-9              (5)  in any disciplinary investigation or proceeding of
   9-10  a physician conducted under or pursuant to this Act, provided that
   9-11  the board shall protect the identity of any patient whose medical
   9-12  records are examined, except for those patients covered under
   9-13  Subdivision (1) of Subsection (g) of this section or those patients
   9-14  who have submitted written consent to the release of their medical
   9-15  records as provided by Subsection (j) of this section;
   9-16              (6)  in any criminal investigation of a physician in
   9-17  which the board is participating or assisting in the investigation
   9-18  or proceeding by providing certain medical records obtained from
   9-19  the physician, provided that the board shall protect the identity
   9-20  of any patient whose medical records are provided in the
   9-21  investigation or proceeding, except for those patients covered
   9-22  under Subdivision (1) of Subsection (g) of this section or those
   9-23  patients who have submitted written consent to the release of their
   9-24  medical records as provided by Subsection (j) of this section.
   9-25  This subsection does not authorize the release of any confidential
   10-1  information for the purpose of instigating or substantiating
   10-2  criminal charges against a patient;
   10-3              (7)  in an involuntary civil commitment proceeding,
   10-4  proceeding for court-ordered treatment, or probable cause hearing
   10-5  under:
   10-6                    (A)  Chapter 574, Health and Safety Code <the
   10-7  Texas Mental Health Code (Article 5547-1 et seq., Vernon's Texas
   10-8  Civil Statutes)>;
   10-9                    (B)  Chapter 593, Health and Safety Code <the
  10-10  Mentally Retarded Persons Act of 1977 (Article 5547-300, Vernon's
  10-11  Texas Civil Statutes)>; or
  10-12                    (C)  Chapter 462, Health and Safety Code <Section
  10-13  9, Chapter 411, Acts of the 53rd Legislature, Regular Session, 1953
  10-14  (Article 5561c, Vernon's Texas Civil Statutes)>;
  10-15                    <(D)  Section 2, Chapter 543, Acts of the 61st
  10-16  Legislature, Regular Session, 1969 (Article 5561c-1, Vernon's Texas
  10-17  Civil Statutes); or>
  10-18              (8)  when the patient's physical or mental condition is
  10-19  relevant to the execution of a will;
  10-20              (9)  when the information is relevant to a proceeding
  10-21  brought under Subsection (1) of this section;
  10-22              (10)  in any criminal prosecution where the patient is
  10-23  a victim, witness, or defendant.  Records are not discoverable
  10-24  until the court in which the prosecution is pending makes an in
  10-25  camera determination as to the relevancy of the records or
   11-1  communications or any portion thereof.  Such determination shall
   11-2  not constitute a determination as to the admissibility of such
   11-3  records or communications or any portion thereof;
   11-4              (11)  to satisfy a request for medical records of a
   11-5  deceased or incompetent person pursuant to Section 4.01(e), Medical
   11-6  Liability and Insurance Improvement Act of Texas (Article 4590i,
   11-7  Vernon's Texas Civil Statutes); or
   11-8              (12)  to a court or a party to an action pursuant to a
   11-9  court order or court subpoena.
  11-10        (h)  Exceptions to the privilege of confidentiality, in other
  11-11  than court or administrative proceedings, allowing disclosure of
  11-12  confidential information by a physician, exist only to the
  11-13  following:
  11-14              (1)  governmental agencies if the disclosures are
  11-15  required or authorized by law;
  11-16              (2)  medical or law enforcement personnel if the
  11-17  physician determines that there is a probability of imminent
  11-18  physical injury to the patient, to himself, or to others, or if
  11-19  there is a probability of immediate mental or emotional injury to
  11-20  the patient;
  11-21              (3)  qualified personnel for the purpose of management
  11-22  audits, financial audits, program evaluations, or research, but the
  11-23  personnel may not identify, directly or indirectly, a patient in
  11-24  any report of the research, audit, or evaluation or otherwise
  11-25  disclose identity in any manner;
   12-1              (4)  those parts of the medical records reflecting
   12-2  charges and specific services rendered when necessary in the
   12-3  collection of fees for medical services provided by a physician or
   12-4  physicians or professional associations or other entities qualified
   12-5  to render or arrange for medical services;
   12-6              (5)  any person who bears a written consent of the
   12-7  patient or other person authorized to act on the patient's behalf
   12-8  for the release of confidential information, as provided by
   12-9  Subsection (j) of this section;
  12-10              (6)  individuals, corporations, or governmental
  12-11  agencies involved in the payment or collection of fees for medical
  12-12  services rendered by a physician;
  12-13              (7)  other physicians and personnel under the direction
  12-14  of the physician who are participating in the diagnosis,
  12-15  evaluation, or treatment of the patient; <or>
  12-16              (8)  in any official legislative inquiry regarding
  12-17  state hospitals or state schools, provided that no information or
  12-18  records which identify a patient or client shall be released for
  12-19  any purpose unless proper consent to the release is given by the
  12-20  patient, and only records created by the state hospital or school
  12-21  or its employees shall be included under this subsection; or
  12-22              (9)  to health care personnel of a penal or other
  12-23  custodial institution in which the patient is detained if the
  12-24  disclosure is for the sole purpose of providing health care to the
  12-25  patient.
   13-1        SECTION 4.  Subdivision (2), Subsection (j), Section 5.08,
   13-2  Medical Practice Act (Article 4495b, Vernon's Texas Civil
   13-3  Statutes), is amended to read as follows:
   13-4              (2)  The patient, or other person authorized to
   13-5  consent, has the right to withdraw his consent to the release of
   13-6  any information.  Withdrawal of consent does not affect any
   13-7  information disclosed prior to the written notice of the
   13-8  withdrawal.  A patient may not maintain an action against a
   13-9  physician for a disclosure made by the physician in good faith
  13-10  reliance on an authorization if the physician did not have written
  13-11  notice that the authorization was revoked.
  13-12        SECTION 5.  Subsection (k), Section 5.08, Medical Practice
  13-13  Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
  13-14  read as follows:
  13-15        (k)  A physician shall furnish copies of medical records
  13-16  requested, or a summary or narrative of the records, including
  13-17  records received from a physician or other health care provider
  13-18  involved in the care or treatment of the patient, pursuant to a
  13-19  written consent for release of the information as provided by
  13-20  Subsection (j) of this section, except if the physician determines
  13-21  that access to the information would be harmful to the physical,
  13-22  mental, or emotional health of the patient, and the physician may
  13-23  delete confidential information about another patient or family
  13-24  member of the patient <person> who has not consented to the
  13-25  release.  The information shall be furnished by the physician
   14-1  within 30 days after the date of receipt of the request <and
   14-2  reasonable fees for furnishing the information shall be paid by the
   14-3  patient or someone on his behalf>.  If the physician denies the
   14-4  request, in whole or in part, the physician shall furnish the
   14-5  patient a written statement, signed and dated, stating the reason
   14-6  for the denial.  A copy of the statement denying the request shall
   14-7  be placed in the patient's medical records.  <In this subsection,
   14-8  "medical records" means any records pertaining to the history,
   14-9  diagnosis, treatment, or prognosis of the patient.>
  14-10        SECTION 6.  Section 5.08, Medical Practice Act (Article
  14-11  4495b, Vernon's Texas Civil Statutes), is amended by adding
  14-12  Subsections (o) and (p) to read as follows:
  14-13        (o)  The physician may charge a reasonable fee for copying
  14-14  medical records and is not required to permit examination or
  14-15  copying until the fee is paid unless there is a medical emergency.
  14-16  The board by rule shall prescribe what constitutes reasonable fees
  14-17  for purposes of this subsection.
  14-18        (p)  A physician may not charge a fee for copying medical
  14-19  records under Subsection (o) of this section to the extent the fee
  14-20  is prohibited under Subchapter M, Chapter 161, Health and Safety
  14-21  Code.
  14-22        SECTION 7.  Section 611.004, Health and Safety Code, is
  14-23  amended to read as follows:
  14-24        Sec. 611.004.  Authorized Disclosure of Confidential
  14-25  Information OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.
   15-1  (a)  A professional may disclose confidential information only:
   15-2              (1)  to a governmental agency if the disclosure is
   15-3  required or authorized by law;
   15-4              (2)  to medical or law enforcement personnel if the
   15-5  professional determines that there is a probability of imminent
   15-6  physical injury by the patient to the patient or others or there is
   15-7  a probability of immediate mental or emotional injury to the
   15-8  patient;
   15-9              (3)  to qualified personnel for management audits,
  15-10  financial audits, program evaluations, or research, in accordance
  15-11  with Subsection (b);
  15-12              (4)  to a person who has the written consent of the
  15-13  patient, or a parent if the patient is a minor, or a guardian if
  15-14  the patient has been adjudicated as incompetent to manage the
  15-15  patient's personal affairs;
  15-16              (5)  to the patient's personal representative if the
  15-17  patient is deceased;
  15-18              (6)  to individuals, corporations, or governmental
  15-19  agencies involved in paying or collecting fees for mental or
  15-20  emotional health services provided by a professional;
  15-21              (7)  to other professionals and personnel under the
  15-22  professionals' direction who participate in the diagnosis,
  15-23  evaluation, or treatment of the patient;
  15-24              (8)  in an official legislative inquiry relating to a
  15-25  state hospital or state school as provided by Subsection (c); <or>
   16-1              (9)  to health care personnel of a penal or other
   16-2  custodial institution in which the patient is detained if the
   16-3  disclosure is for the sole purpose of providing health care to the
   16-4  patient;
   16-5              (10)  to an employee or agent of the professional who
   16-6  requires mental health care information to provide mental health
   16-7  care services or in complying with statutory, licensing, or
   16-8  accreditation requirements, if the professional has taken
   16-9  appropriate action to ensure that the employee or agent:
  16-10                    (A)  will not use or disclose the information for
  16-11  any other purposes; and
  16-12                    (B)  will take appropriate steps to protect the
  16-13  information; or
  16-14              (11)  to satisfy a request for medical records of a
  16-15  deceased or incompetent person pursuant to Section 4.01(e), Medical
  16-16  Liability and Insurance Improvement Act of Texas (Article 4590i,
  16-17  Vernon's Texas Civil Statutes) <in a civil action or in a criminal
  16-18  case or criminal law matter as otherwise allowed by law or rule>.
  16-19        (b)  Personnel who receive confidential information under
  16-20  Subsection (a)(3) may not directly or indirectly identify or
  16-21  otherwise disclose the identity of a patient in a report or in any
  16-22  other manner.
  16-23        (c)  The exception in Subsection (a)(8) applies only to
  16-24  records created by the state hospital or state school or by the
  16-25  employees of the hospital or school.  Information or records that
   17-1  identify a patient may be released only with the patient's proper
   17-2  consent.
   17-3        (d)  A person who receives information from confidential
   17-4  communications or records may not disclose the information except
   17-5  to the extent that disclosure is consistent with the authorized
   17-6  purposes for which the person first obtained the information.  This
   17-7  subsection does not apply to a person listed in Subsection (a)(4)
   17-8  or (a)(5) who is acting on the patient's behalf.
   17-9        SECTION 8.  Chapter 611, Health and Safety Code, is amended
  17-10  by adding Sections 611.006, 611.007, and 611.008 to read as
  17-11  follows:
  17-12        Sec. 611.006.  AUTHORIZED DISCLOSURE OF CONFIDENTIAL
  17-13  INFORMATION IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.  (a)  A
  17-14  professional may disclose confidential information in:
  17-15              (1)  a judicial or administrative proceeding brought by
  17-16  the patient or the patient's legally authorized representative
  17-17  against a professional, including malpractice proceedings;
  17-18              (2)  a license revocation proceeding in which the
  17-19  patient is a complaining witness and in which disclosure is
  17-20  relevant to the claim or defense of a professional;
  17-21              (3)  a judicial or administrative proceeding in which
  17-22  the patient waives the patient's right in writing to the privilege
  17-23  of confidentiality of information, or when a representative of the
  17-24  patient acting on the patient's behalf submits a written waiver to
  17-25  the confidentiality privilege;
   18-1              (4)  a judicial or administrative proceeding to
   18-2  substantiate and collect on a claim for mental or emotional health
   18-3  services rendered to the patient;
   18-4              (5)  a judicial proceeding if the judge finds that the
   18-5  patient, after having been informed that communications would not
   18-6  be privileged, has made communications to a professional in the
   18-7  course of a court-ordered examination relating to the patient's
   18-8  mental or emotional condition or disorder, except that those
   18-9  communications may be disclosed only with respect to issues
  18-10  involving the patient's mental or emotional health;
  18-11              (6)  a judicial proceeding affecting the parent-child
  18-12  relationship;
  18-13              (7)  any criminal proceeding, as otherwise provided by
  18-14  law;
  18-15              (8)  a judicial or administrative proceeding regarding
  18-16  the abuse or neglect, or the cause of abuse or neglect, of a
  18-17  resident of an institution, as that term is defined by Chapter 242;
  18-18              (9)  a judicial proceeding relating to a will if the
  18-19  patient's physical or mental condition is relevant to the execution
  18-20  of the will;
  18-21              (10)  an involuntary commitment proceeding for
  18-22  court-ordered treatment or for a probable cause hearing under:
  18-23                    (A)  Chapter 462;
  18-24                    (B)  Chapter 574; or
  18-25                    (C)  Chapter 593; or
   19-1              (11)  a judicial or administrative proceeding where the
   19-2  court or agency has issued an order or subpoena.
   19-3        (b)  On granting an order under Subsection (a)(5), the court,
   19-4  in determining the extent to which disclosure of all or any part of
   19-5  a communication is necessary, shall impose appropriate safeguards
   19-6  against unauthorized disclosure.
   19-7        Sec. 611.007.  REVOCATION OF CONSENT.  (a)  Except as
   19-8  provided by Subsection (b), a patient or a patient's legally
   19-9  authorized representative may revoke a disclosure consent to a
  19-10  professional at any time.  A revocation is valid only if it is
  19-11  written, dated, and signed by the patient or legally authorized
  19-12  representative.
  19-13        (b)  A patient may not revoke a disclosure that is required
  19-14  for purposes of making payment to the professional for mental
  19-15  health care services provided to the patient.
  19-16        (c)  A patient may not maintain an action against a
  19-17  professional for a disclosure made by the professional in good
  19-18  faith reliance on an authorization if the professional did not have
  19-19  notice of the revocation of the consent.
  19-20        Sec. 611.008.  REQUEST BY PATIENT.  (a)  On receipt of a
  19-21  written request from a patient to examine or copy all or part of
  19-22  the patient's recorded mental health care information, a
  19-23  professional, as promptly as required under the circumstances but
  19-24  not later than the 15th day after the date of receiving the
  19-25  request, shall:
   20-1              (1)  make the information available for examination
   20-2  during regular business hours and provide a copy to the patient, if
   20-3  requested; or
   20-4              (2)  inform the patient if the information does not
   20-5  exist or cannot be found.
   20-6        (b)  Unless provided for by other state law, the professional
   20-7  may charge a reasonable fee for retrieving or copying mental health
   20-8  care information and is not required to permit examination or
   20-9  copying until the fee is paid unless there is a medical emergency.
  20-10        (c)  A professional may not charge a fee for copying mental
  20-11  health care information under Subsection (b) to the extent the fee
  20-12  is prohibited under Subchapter M, Chapter 161.
  20-13        SECTION 9.  Subsection (g), Section 241.152, and Subsection
  20-14  (c), Section 611.008, Health and Safety Code, and Subsection (p),
  20-15  Section 5.08, Medical Practice Act (Article 4495b, Vernon's Texas
  20-16  Civil Statutes), take effect only if S.B. No. 133, 74th
  20-17  Legislature, Regular Session, 1995, is enacted and becomes law.  If
  20-18  S.B. No. 133 does not become law, those provisions have no effect.
  20-19        SECTION 10.  This Act applies to the disclosure of health
  20-20  care information, medical records, and mental health care
  20-21  information on or after January 1, 1996.
  20-22        SECTION 11.  This Act takes effect September 1, 1995.
  20-23        SECTION 12.  The importance of this legislation and the
  20-24  crowded condition of the calendars in both houses create an
  20-25  emergency and an imperative public necessity that the
   21-1  constitutional rule requiring bills to be read on three several
   21-2  days in each house be suspended, and this rule is hereby suspended.