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.