S.B. No. 667
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 guardian ad litem appointed for
2-6 the patient, a personal representative or statutory beneficiary if
2-7 the patient is deceased, or an attorney retained by the patient or
2-8 by the patient's legally authorized 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. REQUEST. (a) On receipt of a written
5-8 authorization from a patient or legally authorized representative
5-9 to examine or copy all or part of the patient's recorded health
5-10 care information, or for disclosures under Section 241.153 not
5-11 requiring written authorization, a hospital, as promptly as
5-12 required under the circumstances but not later than the 15th day
5-13 after the date the request is received, shall:
5-14 (1) make the information available for examination
5-15 during regular business hours and provide a copy to the requestor,
5-16 if requested; or
5-17 (2) inform the authorized requestor if the information
5-18 does not exist or cannot be found.
5-19 (b) The hospital may charge a reasonable fee for providing
5-20 the health care information and is not required to permit
5-21 examination or copying until the fee is paid unless there is a
5-22 medical emergency. The fee may not exceed the sum of:
5-23 (1) a retrieval or processing fee, which must include
5-24 the fee for providing the first 10 pages of the copies and which
5-25 may not exceed $30; and
6-1 (A) a charge for each page of:
6-2 (i) $1 for the 11th through the 60th page
6-3 of the provided copies;
6-4 (ii) 50 cents for the 61st through the
6-5 400th page of the provided copies; and
6-6 (iii) 25 cents for any remaining pages of
6-7 the provided copies; and
6-8 (B) the actual cost of mailing, shipping, or
6-9 otherwise delivering the provided copies; or
6-10 (2) if the requested records are stored on microfiche,
6-11 a retrieval or processing fee, which must include the fee for
6-12 providing the first 10 pages of the copies and which may not exceed
6-13 $45; and
6-14 (A) $1 per page thereafter; and
6-15 (B) the actual cost of mailing, shipping, or
6-16 otherwise delivering the provided copies.
6-17 (c) Effective September 1, 1996, and annually thereafter,
6-18 the fee for providing health care information as specified in this
6-19 section shall be adjusted accordingly based on the most recent
6-20 changes to the consumer price index as published by the Bureau of
6-21 Labor Statistics of the United States Department of Labor that
6-22 measures the average changes in prices of goods and services
6-23 purchased by urban wage earners and clerical workers' families and
6-24 single workers living alone.
6-25 Sec. 241.155. SAFEGUARDS FOR SECURITY OF HEALTH CARE
7-1 INFORMATION. A hospital shall adopt and implement reasonable
7-2 safeguards for the security of all health care information it
7-3 maintains.
7-4 Sec. 241.156. PATIENT REMEDIES. (a) A patient aggrieved by
7-5 a violation of this subchapter relating to the unauthorized release
7-6 of confidential health care information may bring an action for:
7-7 (1) appropriate injunctive relief; and
7-8 (2) damages resulting from the release.
7-9 (b) An action under Subsection (a) shall be brought in:
7-10 (1) the district court of the county in which the
7-11 patient resides or in the case of a deceased patient the district
7-12 court of the county in which the patient's legally authorized
7-13 representative resides; or
7-14 (2) if the patient or the patient's legally authorized
7-15 representative in the case of a deceased patient is not a resident
7-16 of this state, the district court of Travis County.
7-17 (c) A petition for injunctive relief under Subsection (a)(1)
7-18 takes precedence over all civil matters on the court docket except
7-19 those matters to which equal precedence on the docket is granted by
7-20 law.
7-21 SECTION 2. Section 245.005, Health and Safety Code, is
7-22 amended by adding Subsection (f) to read as follows:
7-23 (f) Information regarding the licensing status of an
7-24 abortion facility is an open record for the purposes of Chapter
7-25 552, Government Code, and shall be made available by the department
8-1 on request.
8-2 SECTION 3. Subsection (a), Section 1.03, Medical Practice
8-3 Act (Article 4495b, Vernon's Texas Civil Statutes), is amended by
8-4 adding Subdivisions (17) and (18) to read as follows:
8-5 (17) "Legally authorized representative" means a
8-6 parent or legal guardian if the patient is a minor, a legal
8-7 guardian if the patient has been adjudicated incompetent to manage
8-8 the patient's personal affairs, an agent of the patient authorized
8-9 under a durable power of attorney for health care, an attorney ad
8-10 litem appointed for the patient, a guardian ad litem appointed for
8-11 the patient, a personal representative or statutory beneficiary if
8-12 the patient is deceased, or an attorney retained by the patient or
8-13 by the patient's legally authorized representative.
8-14 (18) "Medical records" means all records pertaining to
8-15 the history, diagnosis, treatment, or prognosis of a patient.
8-16 SECTION 4. Subsections (g) and (h), Section 5.08, Medical
8-17 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), are
8-18 amended to read as follows:
8-19 (g) Exceptions to confidentiality or privilege in court or
8-20 administrative proceedings exist:
8-21 (1) when the proceedings are brought by the patient
8-22 against a physician, including but not limited to malpractice
8-23 proceedings, and any criminal or license revocation proceeding in
8-24 which the patient is a complaining witness and in which disclosure
8-25 is relevant to the claims or defense of a physician;
9-1 (2) when the patient or someone authorized to act on
9-2 his behalf submits a written consent to the release of any
9-3 confidential information, as provided in Subsection (j) of this
9-4 section;
9-5 (3) when the purpose of the proceedings is to
9-6 substantiate and collect on a claim for medical services rendered
9-7 to the patient;
9-8 (4) in any civil litigation or administrative
9-9 proceeding, if relevant, brought by the patient or someone on his
9-10 behalf if the patient is attempting to recover monetary damages for
9-11 any physical or mental condition including death of the patient.
9-12 Any information is discoverable in any court or administrative
9-13 proceeding in this state if the court or administrative body has
9-14 jurisdiction over the subject matter, pursuant to rules of
9-15 procedure specified for the matters;
9-16 (5) in any disciplinary investigation or proceeding of
9-17 a physician conducted under or pursuant to this Act, provided that
9-18 the board shall protect the identity of any patient whose medical
9-19 records are examined, except for those patients covered under
9-20 Subdivision (1) of Subsection (g) of this section or those patients
9-21 who have submitted written consent to the release of their medical
9-22 records as provided by Subsection (j) of this section;
9-23 (6) in any criminal investigation of a physician in
9-24 which the board is participating or assisting in the investigation
9-25 or proceeding by providing certain medical records obtained from
10-1 the physician, provided that the board shall protect the identity
10-2 of any patient whose medical records are provided in the
10-3 investigation or proceeding, except for those patients covered
10-4 under Subdivision (1) of Subsection (g) of this section or those
10-5 patients who have submitted written consent to the release of their
10-6 medical records as provided by Subsection (j) of this section.
10-7 This subsection does not authorize the release of any confidential
10-8 information for the purpose of instigating or substantiating
10-9 criminal charges against a patient;
10-10 (7) in an involuntary civil commitment proceeding,
10-11 proceeding for court-ordered treatment, or probable cause hearing
10-12 under:
10-13 (A) Chapter 574, Health and Safety Code <the
10-14 Texas Mental Health Code (Article 5547-1 et seq., Vernon's Texas
10-15 Civil Statutes)>;
10-16 (B) Chapter 593, Health and Safety Code <the
10-17 Mentally Retarded Persons Act of 1977 (Article 5547-300, Vernon's
10-18 Texas Civil Statutes)>; or
10-19 (C) Chapter 462, Health and Safety Code <Section
10-20 9, Chapter 411, Acts of the 53rd Legislature, Regular Session, 1953
10-21 (Article 5561c, Vernon's Texas Civil Statutes)>;
10-22 <(D) Section 2, Chapter 543, Acts of the 61st
10-23 Legislature, Regular Session, 1969 (Article 5561c-1, Vernon's Texas
10-24 Civil Statutes); or>
10-25 (8) when the patient's physical or mental condition is
11-1 relevant to the execution of a will;
11-2 (9) when the information is relevant to a proceeding
11-3 brought under Subsection (1) of this section;
11-4 (10) in any criminal prosecution where the patient is
11-5 a victim, witness, or defendant. Records are not discoverable
11-6 until the court in which the prosecution is pending makes an in
11-7 camera determination as to the relevancy of the records or
11-8 communications or any portion thereof. Such determination shall
11-9 not constitute a determination as to the admissibility of such
11-10 records or communications or any portion thereof;
11-11 (11) to satisfy a request for medical records of a
11-12 deceased or incompetent person pursuant to Section 4.01(e), Medical
11-13 Liability and Insurance Improvement Act of Texas (Article 4590i,
11-14 Vernon's Texas Civil Statutes); or
11-15 (12) to a court or a party to an action pursuant to a
11-16 court order or court subpoena.
11-17 (h) Exceptions to the privilege of confidentiality, in other
11-18 than court or administrative proceedings, allowing disclosure of
11-19 confidential information by a physician, exist only to the
11-20 following:
11-21 (1) governmental agencies if the disclosures are
11-22 required or authorized by law;
11-23 (2) medical or law enforcement personnel if the
11-24 physician determines that there is a probability of imminent
11-25 physical injury to the patient, to himself, or to others, or if
12-1 there is a probability of immediate mental or emotional injury to
12-2 the patient;
12-3 (3) qualified personnel for the purpose of management
12-4 audits, financial audits, program evaluations, or research, but the
12-5 personnel may not identify, directly or indirectly, a patient in
12-6 any report of the research, audit, or evaluation or otherwise
12-7 disclose identity in any manner;
12-8 (4) those parts of the medical records reflecting
12-9 charges and specific services rendered when necessary in the
12-10 collection of fees for medical services provided by a physician or
12-11 physicians or professional associations or other entities qualified
12-12 to render or arrange for medical services;
12-13 (5) any person who bears a written consent of the
12-14 patient or other person authorized to act on the patient's behalf
12-15 for the release of confidential information, as provided by
12-16 Subsection (j) of this section;
12-17 (6) individuals, corporations, or governmental
12-18 agencies involved in the payment or collection of fees for medical
12-19 services rendered by a physician;
12-20 (7) other physicians and personnel under the direction
12-21 of the physician who are participating in the diagnosis,
12-22 evaluation, or treatment of the patient; <or>
12-23 (8) in any official legislative inquiry regarding
12-24 state hospitals or state schools, provided that no information or
12-25 records which identify a patient or client shall be released for
13-1 any purpose unless proper consent to the release is given by the
13-2 patient, and only records created by the state hospital or school
13-3 or its employees shall be included under this subsection; or
13-4 (9) to health care personnel of a penal or other
13-5 custodial institution in which the patient is detained if the
13-6 disclosure is for the sole purpose of providing health care to the
13-7 patient.
13-8 SECTION 5. Subdivision (2), Subsection (j), Section 5.08,
13-9 Medical Practice Act (Article 4495b, Vernon's Texas Civil
13-10 Statutes), is amended to read as follows:
13-11 (2) The patient, or other person authorized to
13-12 consent, has the right to withdraw his consent to the release of
13-13 any information. Withdrawal of consent does not affect any
13-14 information disclosed prior to the written notice of the
13-15 withdrawal. A patient may not maintain an action against a
13-16 physician for a disclosure made by the physician in good faith
13-17 reliance on an authorization if the physician did not have written
13-18 notice that the authorization was revoked.
13-19 SECTION 6. Subsection (k), Section 5.08, Medical Practice
13-20 Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
13-21 read as follows:
13-22 (k) A physician shall furnish copies of medical records
13-23 requested, or a summary or narrative of the records, including
13-24 records received from a physician or other health care provider
13-25 involved in the care or treatment of the patient, pursuant to a
14-1 written consent for release of the information as provided by
14-2 Subsection (j) of this section, except if the physician determines
14-3 that access to the information would be harmful to the physical,
14-4 mental, or emotional health of the patient, and the physician may
14-5 delete confidential information about another patient or family
14-6 member of the patient <person> who has not consented to the
14-7 release. The information shall be furnished by the physician
14-8 within 30 days after the date of receipt of the request <and
14-9 reasonable fees for furnishing the information shall be paid by the
14-10 patient or someone on his behalf>. If the physician denies the
14-11 request, in whole or in part, the physician shall furnish the
14-12 patient a written statement, signed and dated, stating the reason
14-13 for the denial. A copy of the statement denying the request shall
14-14 be placed in the patient's medical records. <In this subsection,
14-15 "medical records" means any records pertaining to the history,
14-16 diagnosis, treatment, or prognosis of the patient.>
14-17 SECTION 7. Section 5.08, Medical Practice Act (Article
14-18 4495b, Vernon's Texas Civil Statutes), is amended by adding
14-19 Subsections (o) and (p) to read as follows:
14-20 (o) The physician may charge a reasonable fee for copying
14-21 medical records and is not required to permit examination or
14-22 copying until the fee is paid unless there is a medical emergency.
14-23 The board by rule shall prescribe what constitutes reasonable fees
14-24 for purposes of this subsection.
14-25 (p) A physician may not charge a fee for copying medical
15-1 records under Subsection (o) of this section to the extent the fee
15-2 is prohibited under Subchapter M, Chapter 161, Health and Safety
15-3 Code.
15-4 SECTION 8. Section 611.004, Health and Safety Code, is
15-5 amended to read as follows:
15-6 Sec. 611.004. AUTHORIZED DISCLOSURE OF CONFIDENTIAL
15-7 INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.
15-8 (a) A professional may disclose confidential information only:
15-9 (1) to a governmental agency if the disclosure is
15-10 required or authorized by law;
15-11 (2) to medical or law enforcement personnel if the
15-12 professional determines that there is a probability of imminent
15-13 physical injury by the patient to the patient or others or there is
15-14 a probability of immediate mental or emotional injury to the
15-15 patient;
15-16 (3) to qualified personnel for management audits,
15-17 financial audits, program evaluations, or research, in accordance
15-18 with Subsection (b);
15-19 (4) to a person who has the written consent of the
15-20 patient, or a parent if the patient is a minor, or a guardian if
15-21 the patient has been adjudicated as incompetent to manage the
15-22 patient's personal affairs;
15-23 (5) to the patient's personal representative if the
15-24 patient is deceased;
15-25 (6) to individuals, corporations, or governmental
16-1 agencies involved in paying or collecting fees for mental or
16-2 emotional health services provided by a professional;
16-3 (7) to other professionals and personnel under the
16-4 professionals' direction who participate in the diagnosis,
16-5 evaluation, or treatment of the patient;
16-6 (8) in an official legislative inquiry relating to a
16-7 state hospital or state school as provided by Subsection (c); <or>
16-8 (9) to health care personnel of a penal or other
16-9 custodial institution in which the patient is detained if the
16-10 disclosure is for the sole purpose of providing health care to the
16-11 patient;
16-12 (10) to an employee or agent of the professional who
16-13 requires mental health care information to provide mental health
16-14 care services or in complying with statutory, licensing, or
16-15 accreditation requirements, if the professional has taken
16-16 appropriate action to ensure that the employee or agent:
16-17 (A) will not use or disclose the information for
16-18 any other purposes; and
16-19 (B) will take appropriate steps to protect the
16-20 information; or
16-21 (11) to satisfy a request for medical records of a
16-22 deceased or incompetent person pursuant to Section 4.01(e), Medical
16-23 Liability and Insurance Improvement Act of Texas (Article 4590i,
16-24 Vernon's Texas Civil Statutes) <in a civil action or in a criminal
16-25 case or criminal law matter as otherwise allowed by law or rule>.
17-1 (b) Personnel who receive confidential information under
17-2 Subsection (a)(3) may not directly or indirectly identify or
17-3 otherwise disclose the identity of a patient in a report or in any
17-4 other manner.
17-5 (c) The exception in Subsection (a)(8) applies only to
17-6 records created by the state hospital or state school or by the
17-7 employees of the hospital or school. Information or records that
17-8 identify a patient may be released only with the patient's proper
17-9 consent.
17-10 (d) A person who receives information from confidential
17-11 communications or records may not disclose the information except
17-12 to the extent that disclosure is consistent with the authorized
17-13 purposes for which the person first obtained the information. This
17-14 subsection does not apply to a person listed in Subsection (a)(4)
17-15 or (a)(5) who is acting on the patient's behalf.
17-16 SECTION 9. Chapter 611, Health and Safety Code, is amended
17-17 by adding Sections 611.006, 611.007, and 611.008 to read as
17-18 follows:
17-19 Sec. 611.006. AUTHORIZED DISCLOSURE OF CONFIDENTIAL
17-20 INFORMATION IN JUDICIAL OR ADMINISTRATIVE PROCEEDING. (a) A
17-21 professional may disclose confidential information in:
17-22 (1) a judicial or administrative proceeding brought by
17-23 the patient or the patient's legally authorized representative
17-24 against a professional, including malpractice proceedings;
17-25 (2) a license revocation proceeding in which the
18-1 patient is a complaining witness and in which disclosure is
18-2 relevant to the claim or defense of a professional;
18-3 (3) a judicial or administrative proceeding in which
18-4 the patient waives the patient's right in writing to the privilege
18-5 of confidentiality of information or when a representative of the
18-6 patient acting on the patient's behalf submits a written waiver to
18-7 the confidentiality privilege;
18-8 (4) a judicial or administrative proceeding to
18-9 substantiate and collect on a claim for mental or emotional health
18-10 services rendered to the patient;
18-11 (5) a judicial proceeding if the judge finds that the
18-12 patient, after having been informed that communications would not
18-13 be privileged, has made communications to a professional in the
18-14 course of a court-ordered examination relating to the patient's
18-15 mental or emotional condition or disorder, except that those
18-16 communications may be disclosed only with respect to issues
18-17 involving the patient's mental or emotional health;
18-18 (6) a judicial proceeding affecting the parent-child
18-19 relationship;
18-20 (7) any criminal proceeding, as otherwise provided by
18-21 law;
18-22 (8) a judicial or administrative proceeding regarding
18-23 the abuse or neglect, or the cause of abuse or neglect, of a
18-24 resident of an institution, as that term is defined by Chapter 242;
18-25 (9) a judicial proceeding relating to a will if the
19-1 patient's physical or mental condition is relevant to the execution
19-2 of the will;
19-3 (10) an involuntary commitment proceeding for
19-4 court-ordered treatment or for a probable cause hearing under:
19-5 (A) Chapter 462;
19-6 (B) Chapter 574; or
19-7 (C) Chapter 593; or
19-8 (11) a judicial or administrative proceeding where the
19-9 court or agency has issued an order or subpoena.
19-10 (b) On granting an order under Subsection (a)(5), the court,
19-11 in determining the extent to which disclosure of all or any part of
19-12 a communication is necessary, shall impose appropriate safeguards
19-13 against unauthorized disclosure.
19-14 Sec. 611.007. REVOCATION OF CONSENT. (a) Except as
19-15 provided by Subsection (b), a patient or a patient's legally
19-16 authorized representative may revoke a disclosure consent to a
19-17 professional at any time. A revocation is valid only if it is
19-18 written, dated, and signed by the patient or legally authorized
19-19 representative.
19-20 (b) A patient may not revoke a disclosure that is required
19-21 for purposes of making payment to the professional for mental
19-22 health care services provided to the patient.
19-23 (c) A patient may not maintain an action against a
19-24 professional for a disclosure made by the professional in good
19-25 faith reliance on an authorization if the professional did not have
20-1 notice of the revocation of the consent.
20-2 Sec. 611.008. REQUEST BY PATIENT. (a) On receipt of a
20-3 written request from a patient to examine or copy all or part of
20-4 the patient's recorded mental health care information, a
20-5 professional, as promptly as required under the circumstances but
20-6 not later than the 15th day after the date of receiving the
20-7 request, shall:
20-8 (1) make the information available for examination
20-9 during regular business hours and provide a copy to the patient, if
20-10 requested; or
20-11 (2) inform the patient if the information does not
20-12 exist or cannot be found.
20-13 (b) Unless provided for by other state law, the professional
20-14 may charge a reasonable fee for retrieving or copying mental health
20-15 care information and is not required to permit examination or
20-16 copying until the fee is paid unless there is a medical emergency.
20-17 (c) A professional may not charge a fee for copying mental
20-18 health care information under Subsection (b) to the extent the fee
20-19 is prohibited under Subchapter M, Chapter 161.
20-20 SECTION 10. Subsection (g), Section 241.152, and Subsection
20-21 (c), Section 611.008, Health and Safety Code, and Subsection (p),
20-22 Section 5.08, Medical Practice Act (Article 4495b, Vernon's Texas
20-23 Civil Statutes), take effect only if S.B. No. 133, 74th
20-24 Legislature, Regular Session, 1995, is enacted and becomes law. If
20-25 S.B. No. 133 does not become law, those provisions have no effect.
21-1 SECTION 11. This Act applies to the disclosure of health
21-2 care information, medical records, and mental health care
21-3 information on or after January 1, 1996.
21-4 SECTION 12. This Act takes effect September 1, 1995.
21-5 SECTION 13. The importance of this legislation and the
21-6 crowded condition of the calendars in both houses create an
21-7 emergency and an imperative public necessity that the
21-8 constitutional rule requiring bills to be read on three several
21-9 days in each house be suspended, and this rule is hereby suspended.