1-1 By: Madla S.B. No. 667
1-2 (In the Senate - Filed February 20, 1995; February 21, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 27, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 April 27, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 667 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the disclosure of health and mental health care
1-11 information by certain providers of health care or mental health
1-12 care.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Chapter 241, Health and Safety Code, is amended
1-15 by adding Subchapter G to read as follows:
1-16 SUBCHAPTER G. DISCLOSURE OF HEALTH CARE INFORMATION
1-17 Sec. 241.151. DEFINITIONS. In this subchapter:
1-18 (1) "Health care information" means information
1-19 recorded in any form or medium that identifies a patient and
1-20 relates to the history, diagnosis, treatment, or prognosis of a
1-21 patient.
1-22 (2) "Health care provider" means a person who is
1-23 licensed, certified, or otherwise authorized by the laws of this
1-24 state to provide health care in the ordinary course of business or
1-25 practice of a profession.
1-26 (3) "Institutional review board" means a board,
1-27 committee, or other group formally designated by an institution or
1-28 authorized under federal or state law to review or approve the
1-29 initiation of or conduct periodic review of research programs to
1-30 ensure the protection of the rights and welfare of human research
1-31 subjects.
1-32 (4) "Legally authorized representative" means a parent
1-33 or legal guardian if the patient is a minor, a legal guardian if
1-34 the patient has been adjudicated incompetent to manage the
1-35 patient's personal affairs, an agent of the patient authorized
1-36 under a durable power of attorney for health care, an attorney ad
1-37 litem appointed for the patient, a personal representative or
1-38 statutory beneficiary if the patient is deceased, or an attorney
1-39 retained by the patient or by the patient's legally authorized
1-40 representative.
1-41 Sec. 241.152. WRITTEN AUTHORIZATION FOR DISCLOSURE OF HEALTH
1-42 CARE INFORMATION. (a) Except as authorized by Section 241.153, a
1-43 hospital or an agent or employee of a hospital may not disclose
1-44 health care information about a patient to any person other than
1-45 the patient without the written authorization of the patient or the
1-46 patient's legally authorized representative.
1-47 (b) A disclosure authorization to a hospital is valid only
1-48 if it:
1-49 (1) is in writing;
1-50 (2) is dated and signed by the patient or the
1-51 patient's legally authorized representative;
1-52 (3) identifies the information to be disclosed; and
1-53 (4) identifies the person or entity to whom the
1-54 information is to be disclosed.
1-55 (c) A disclosure authorization is valid until the 90th day
1-56 after the date it is signed unless it provides otherwise or unless
1-57 it is revoked.
1-58 (d) Except as provided by Subsection (e), a patient or the
1-59 patient's legally authorized representative may revoke a disclosure
1-60 authorization to a hospital at any time. A revocation is valid
1-61 only if it is in writing, dated with a date that is later than the
1-62 date on the original authorization, and signed by the patient or
1-63 the patient's legally authorized representative.
1-64 (e) A patient or the patient's legally authorized
1-65 representative may not revoke a disclosure that is required for
1-66 purposes of making payment to the hospital for health care provided
1-67 to the patient.
1-68 (f) A patient may not maintain an action against a hospital
2-1 for a disclosure made by the hospital in good-faith reliance on an
2-2 authorization if the hospital's medical record department did not
2-3 have notice that the authorization was revoked.
2-4 (g) A hospital may not charge a fee for providing health
2-5 care information under Section 241.154(b) to the extent the fee is
2-6 prohibited under Subchapter M, Chapter 161.
2-7 Sec. 241.153. DISCLOSURE WITHOUT WRITTEN AUTHORIZATION. A
2-8 patient's health care information may be disclosed without the
2-9 patient's authorization if the disclosure is:
2-10 (1) to a health care provider who is rendering health
2-11 care to the patient when the request for the disclosure is made;
2-12 (2) to an employee or agent of the hospital who
2-13 requires health care information for health care education, quality
2-14 assurance, or peer review or for assisting the hospital in the
2-15 delivery of health care or in complying with statutory, licensing,
2-16 accreditation, or certification requirements and if the hospital
2-17 takes appropriate action to ensure that the employee or agent:
2-18 (A) will not use or disclose the health care
2-19 information for any other purpose; and
2-20 (B) will take appropriate steps to protect the
2-21 health care information;
2-22 (3) to a federal, state, or local government agency or
2-23 authority to the extent authorized or required by law;
2-24 (4) to a hospital that is the successor in interest to
2-25 the hospital maintaining the health care information;
2-26 (5) for use in a research project authorized by an
2-27 institutional review board under federal law;
2-28 (6) to health care personnel of a penal or other
2-29 custodial institution in which the patient is detained if the
2-30 disclosure is for the sole purpose of providing health care to the
2-31 patient;
2-32 (7) to facilitate reimbursement by a health benefit
2-33 plan to a hospital, other health care provider, or the patient for
2-34 medical services or supplies;
2-35 (8) to a health maintenance organization for purposes
2-36 of maintaining a statistical reporting system as required by a rule
2-37 adopted by a state agency or regulations adopted under the federal
2-38 Health Maintenance Organization Act of 1973, as amended (42 U.S.C.
2-39 Section 300 et seq.);
2-40 (9) to satisfy a request for medical records of a
2-41 deceased or incompetent person pursuant to Section 4.01(e), Medical
2-42 Liability and Insurance Improvement Act of Texas (Article 4590i,
2-43 Vernon's Texas Civil Statutes); or
2-44 (10) to a court pursuant to a court order or court
2-45 subpoena.
2-46 Sec. 241.154. AUTHORIZED REQUEST. (a) On receipt of a
2-47 written authorization from a patient or legally authorized
2-48 representative to examine or copy all or part of the patient's
2-49 recorded health care information, a hospital, as promptly as
2-50 required under the circumstances but not later than the 15th day
2-51 after the date the request is received, shall:
2-52 (1) make the information available for examination
2-53 during regular business hours and provide a copy to the authorized
2-54 requestor, if requested; or
2-55 (2) inform the authorized requestor if the information
2-56 does not exist or cannot be found.
2-57 (b) The hospital may charge a reasonable fee for providing
2-58 the health care information and is not required to permit
2-59 examination or copying until the fee is paid unless there is a
2-60 medical emergency. The fee may not exceed the sum of:
2-61 (1) a retrieval or processing fee, which must include
2-62 the fee for providing the first 10 pages of the copies and which
2-63 may not exceed $30; and
2-64 (A) a charge for each page of:
2-65 (i) $1 for the 11th through the 60th page
2-66 of the provided copies;
2-67 (ii) 50 cents for the 61st through the
2-68 400th page of the provided copies; and
2-69 (iii) 25 cents for any remaining pages of
2-70 the provided copies; and
3-1 (B) the actual cost of mailing, shipping, or
3-2 otherwise delivering the provided copies; or
3-3 (2) if the requested records are stored on microfiche,
3-4 a retrieval or processing fee, which must include the fee for
3-5 providing the first 10 pages of the copies and which may not exceed
3-6 $45; and
3-7 (A) $1 per page thereafter; and
3-8 (B) the actual cost of mailing, shipping, or
3-9 otherwise delivering the provided copies.
3-10 (c) Effective September 1, 1996, and annually thereafter,
3-11 the fee for providing health care information as specified in this
3-12 section shall be adjusted accordingly based on the most recent
3-13 changes to the consumer price index as published by the Bureau of
3-14 Labor Statistics of the United States Department of Labor that
3-15 measures the average changes in prices of goods and services
3-16 purchased by urban wage earners and clerical workers' families and
3-17 single workers living alone.
3-18 Sec. 241.155. SAFEGUARDS FOR SECURITY OF HEALTH CARE
3-19 INFORMATION. A hospital shall adopt and implement reasonable
3-20 safeguards for the security of all health care information it
3-21 maintains.
3-22 Sec. 241.156. PATIENT REMEDIES. (a) A patient aggrieved by
3-23 a violation of this subchapter relating to the unauthorized release
3-24 of confidential health care information may bring an action for:
3-25 (1) appropriate injunctive relief; and
3-26 (2) damages resulting from the release.
3-27 (b) An action under Subsection (a) shall be brought in:
3-28 (1) the district court of the county in which the
3-29 patient resides or in the case of a deceased patient the district
3-30 court of the county in which the patient's legally authorized
3-31 representative resides; or
3-32 (2) if the patient or the patient's legally authorized
3-33 representative in the case of a deceased patient is not a resident
3-34 of this state, the district court of Travis County.
3-35 (c) A petition for injunctive relief under Subsection (a)(1)
3-36 takes precedence over all civil matters on the court docket except
3-37 those matters to which equal precedence on the docket is granted by
3-38 law.
3-39 SECTION 2. Subsection (a), Section 1.03, Medical Practice
3-40 Act (Article 4495b, Vernon's Texas Civil Statutes), is amended by
3-41 adding Subdivisions (17) and (18) to read as follows:
3-42 (17) "Legally authorized representative" means a
3-43 parent or legal guardian if the patient is a minor, a legal
3-44 guardian if the patient has been adjudicated incompetent to manage
3-45 the patient's personal affairs, an agent of the patient authorized
3-46 under a durable power of attorney for health care, an attorney ad
3-47 litem appointed for the patient, a personal representative or
3-48 statutory beneficiary if the patient is deceased, or an attorney
3-49 retained by the patient or by the patient's legally authorized
3-50 representative.
3-51 (18) "Medical records" means all records pertaining to
3-52 the history, diagnosis, treatment, or prognosis of a patient.
3-53 SECTION 3. Subsections (g) and (h), Section 5.08, Medical
3-54 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), are
3-55 amended to read as follows:
3-56 (g) Exceptions to confidentiality or privilege in court or
3-57 administrative proceedings exist:
3-58 (1) when the proceedings are brought by the patient
3-59 against a physician, including but not limited to malpractice
3-60 proceedings, and any criminal or license revocation proceeding in
3-61 which the patient is a complaining witness and in which disclosure
3-62 is relevant to the claims or defense of a physician;
3-63 (2) when the patient or someone authorized to act on
3-64 his behalf submits a written consent to the release of any
3-65 confidential information, as provided in Subsection (j) of this
3-66 section;
3-67 (3) when the purpose of the proceedings is to
3-68 substantiate and collect on a claim for medical services rendered
3-69 to the patient;
3-70 (4) in any civil litigation or administrative
4-1 proceeding, if relevant, brought by the patient or someone on his
4-2 behalf if the patient is attempting to recover monetary damages for
4-3 any physical or mental condition including death of the patient.
4-4 Any information is discoverable in any court or administrative
4-5 proceeding in this state if the court or administrative body has
4-6 jurisdiction over the subject matter, pursuant to rules of
4-7 procedure specified for the matters;
4-8 (5) in any disciplinary investigation or proceeding of
4-9 a physician conducted under or pursuant to this Act, provided that
4-10 the board shall protect the identity of any patient whose medical
4-11 records are examined, except for those patients covered under
4-12 Subdivision (1) of Subsection (g) of this section or those patients
4-13 who have submitted written consent to the release of their medical
4-14 records as provided by Subsection (j) of this section;
4-15 (6) in any criminal investigation of a physician in
4-16 which the board is participating or assisting in the investigation
4-17 or proceeding by providing certain medical records obtained from
4-18 the physician, provided that the board shall protect the identity
4-19 of any patient whose medical records are provided in the
4-20 investigation or proceeding, except for those patients covered
4-21 under Subdivision (1) of Subsection (g) of this section or those
4-22 patients who have submitted written consent to the release of their
4-23 medical records as provided by Subsection (j) of this section.
4-24 This subsection does not authorize the release of any confidential
4-25 information for the purpose of instigating or substantiating
4-26 criminal charges against a patient;
4-27 (7) in an involuntary civil commitment proceeding,
4-28 proceeding for court-ordered treatment, or probable cause hearing
4-29 under:
4-30 (A) Chapter 574, Health and Safety Code <the
4-31 Texas Mental Health Code (Article 5547-1 et seq., Vernon's Texas
4-32 Civil Statutes)>;
4-33 (B) Chapter 593, Health and Safety Code <the
4-34 Mentally Retarded Persons Act of 1977 (Article 5547-300, Vernon's
4-35 Texas Civil Statutes)>; or
4-36 (C) Chapter 462, Health and Safety Code <Section
4-37 9, Chapter 411, Acts of the 53rd Legislature, Regular Session, 1953
4-38 (Article 5561c, Vernon's Texas Civil Statutes)>;
4-39 <(D) Section 2, Chapter 543, Acts of the 61st
4-40 Legislature, Regular Session, 1969 (Article 5561c-1, Vernon's Texas
4-41 Civil Statutes); or>
4-42 (8) when the patient's physical or mental condition is
4-43 relevant to the execution of a will;
4-44 (9) when the information is relevant to a proceeding
4-45 brought under Subsection (1) of this section;
4-46 (10) in any criminal prosecution where the patient is
4-47 a victim, witness, or defendant. Records are not discoverable
4-48 until the court in which the prosecution is pending makes an in
4-49 camera determination as to the relevancy of the records or
4-50 communications or any portion thereof. Such determination shall
4-51 not constitute a determination as to the admissibility of such
4-52 records or communications or any portion thereof;
4-53 (11) to satisfy a request for medical records of a
4-54 deceased or incompetent person pursuant to Section 4.01(e), Medical
4-55 Liability and Insurance Improvement Act of Texas (Article 4590i,
4-56 Vernon's Texas Civil Statutes; or
4-57 (12) to a court or a party to an action pursuant to a
4-58 court order or court subpoena.
4-59 (h) Exceptions to the privilege of confidentiality, in other
4-60 than court or administrative proceedings, allowing disclosure of
4-61 confidential information by a physician, exist only to the
4-62 following:
4-63 (1) governmental agencies if the disclosures are
4-64 required or authorized by law;
4-65 (2) medical or law enforcement personnel if the
4-66 physician determines that there is a probability of imminent
4-67 physical injury to the patient, to himself, or to others, or if
4-68 there is a probability of immediate mental or emotional injury to
4-69 the patient;
4-70 (3) qualified personnel for the purpose of management
5-1 audits, financial audits, program evaluations, or research, but the
5-2 personnel may not identify, directly or indirectly, a patient in
5-3 any report of the research, audit, or evaluation or otherwise
5-4 disclose identity in any manner;
5-5 (4) those parts of the medical records reflecting
5-6 charges and specific services rendered when necessary in the
5-7 collection of fees for medical services provided by a physician or
5-8 physicians or professional associations or other entities qualified
5-9 to render or arrange for medical services;
5-10 (5) any person who bears a written consent of the
5-11 patient or other person authorized to act on the patient's behalf
5-12 for the release of confidential information, as provided by
5-13 Subsection (j) of this section;
5-14 (6) individuals, corporations, or governmental
5-15 agencies involved in the payment or collection of fees for medical
5-16 services rendered by a physician;
5-17 (7) other physicians and personnel under the direction
5-18 of the physician who are participating in the diagnosis,
5-19 evaluation, or treatment of the patient; <or>
5-20 (8) in any official legislative inquiry regarding
5-21 state hospitals or state schools, provided that no information or
5-22 records which identify a patient or client shall be released for
5-23 any purpose unless proper consent to the release is given by the
5-24 patient, and only records created by the state hospital or school
5-25 or its employees shall be included under this subsection; or
5-26 (9) to health care personnel or a penal or other
5-27 custodial institution in which the patient is detained if the
5-28 disclosure is for the sole purpose of providing health care to the
5-29 patient.
5-30 SECTION 4. Subdivision (2), Subsection (j), Section 5.08,
5-31 Medical Practice Act (Article 4495b, Vernon's Texas Civil
5-32 Statutes), is amended to read as follows:
5-33 (2) The patient, or other person authorized to
5-34 consent, has the right to withdraw his consent to the release of
5-35 any information. Withdrawal of consent does not affect any
5-36 information disclosed prior to the written notice of the
5-37 withdrawal. A patient may not maintain an action against a
5-38 physician for a disclosure made by the physician in good faith
5-39 reliance on a authorization if the physician did not have written
5-40 notice that the authorization was revoked.
5-41 SECTION 5. Subsection (k), Section 5.08, Medical Practice
5-42 Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
5-43 read as follows:
5-44 (k) A physician shall furnish copies of medical records
5-45 requested, or a summary or narrative of the records, including
5-46 records received from a physician or other health care provider
5-47 involved in the care or treatment of the patient, pursuant to a
5-48 written consent for release of the information as provided by
5-49 Subsection (j) of this section, except if the physician determines
5-50 that access to the information would be harmful to the physical,
5-51 mental, or emotional health of the patient, and the physician may
5-52 delete confidential information about another patient or family
5-53 member of the patient <person> who has not consented to the
5-54 release. The information shall be furnished by the physician
5-55 within 30 days after the date of receipt of the request <and
5-56 reasonable fees for furnishing the information shall be paid by the
5-57 patient or someone on his behalf>. If the physician denies the
5-58 request, in whole or in part, the physician shall furnish the
5-59 patient a written statement, signed and dated, stating the reason
5-60 for the denial. A copy of the statement denying the request shall
5-61 be placed in the patient's medical records. <In this subsection,
5-62 "medical records" means any records pertaining to the history,
5-63 diagnosis, treatment, or prognosis of the patient.>
5-64 SECTION 6. Section 5.08, Medical Practice Act (Article
5-65 4495b, Vernon's Texas Civil Statutes), is amended by adding
5-66 Subsections (o) and (p) to read as follows:
5-67 (o) The physician may charge a reasonable fee for copying
5-68 medical records and is not required to permit examination or
5-69 copying until the fee is paid unless there is a medical emergency.
5-70 The board by rule shall prescribe what constitutes reasonable fees
6-1 for purposes of this subsection.
6-2 (p) A physician may not charge a fee for copying medical
6-3 records under Subsection (o) of this section to the extent the fee
6-4 is prohibited under Subchapter M, Chapter 161, Health and Safety
6-5 Code.
6-6 SECTION 7. Section 611.004, Health and Safety Code, is
6-7 amended to read as follows:
6-8 Sec. 611.004. Authorized Disclosure of Confidential
6-9 Information OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.
6-10 (a) A professional may disclose confidential information only:
6-11 (1) to a governmental agency if the disclosure is
6-12 required or authorized by law;
6-13 (2) to medical or law enforcement personnel if the
6-14 professional determines that there is a probability of imminent
6-15 physical injury by the patient to the patient or others or there is
6-16 a probability of immediate mental or emotional injury to the
6-17 patient;
6-18 (3) to qualified personnel for management audits,
6-19 financial audits, program evaluations, or research, in accordance
6-20 with Subsection (b);
6-21 (4) to a person who has the written consent of the
6-22 patient, or a parent if the patient is a minor, or a guardian if
6-23 the patient has been adjudicated as incompetent to manage the
6-24 patient's personal affairs;
6-25 (5) to the patient's personal representative if the
6-26 patient is deceased;
6-27 (6) to individuals, corporations, or governmental
6-28 agencies involved in paying or collecting fees for mental or
6-29 emotional health services provided by a professional;
6-30 (7) to other professionals and personnel under the
6-31 professionals' direction who participate in the diagnosis,
6-32 evaluation, or treatment of the patient;
6-33 (8) in an official legislative inquiry relating to a
6-34 state hospital or state school as provided by Subsection (c); <or>
6-35 (9) to health care personnel of a penal or other
6-36 custodial institution in which the patient is detained if the
6-37 disclosure is for the sole purpose of providing health care to the
6-38 patient;
6-39 (10) to an employee or agent of the professional who
6-40 requires mental health care information to provide mental health
6-41 care services or in complying with statutory, licensing, or
6-42 accreditation requirements, if the professional has taken
6-43 appropriate action to ensure that the employee or agent:
6-44 (A) will not use or disclose the information for
6-45 any other purposes; and
6-46 (B) will take appropriate steps to protect the
6-47 information; or
6-48 (11) to satisfy a request for medical records of a
6-49 deceased or incompetent person pursuant to Section 4.01(e), Medical
6-50 Liability and Insurance Improvement Act of Texas (Article 4590i,
6-51 Vernon's Texas Civil Statutes) <in a civil action or in a criminal
6-52 case or criminal law matter as otherwise allowed by law or rule>.
6-53 (b) Personnel who receive confidential information under
6-54 Subsection (a)(3) may not directly or indirectly identify or
6-55 otherwise disclose the identity of a patient in a report or in any
6-56 other manner.
6-57 (c) The exception in Subsection (a)(8) applies only to
6-58 records created by the state hospital or state school or by the
6-59 employees of the hospital or school. Information or records that
6-60 identify a patient may be released only with the patient's proper
6-61 consent.
6-62 (d) A person who receives information from confidential
6-63 communications or records may not disclose the information except
6-64 to the extent that disclosure is consistent with the authorized
6-65 purposes for which the person first obtained the information. This
6-66 subsection does not apply to a person listed in Subsection (a)(4)
6-67 or (a)(5) who is acting on the patient's behalf.
6-68 SECTION 8. Chapter 611, Health and Safety Code, is amended
6-69 by adding Sections 611.006, 611.007, and 611.008 to read as
6-70 follows:
7-1 Sec. 611.006. AUTHORIZED DISCLOSURE OF CONFIDENTIAL
7-2 INFORMATION IN JUDICIAL OR ADMINISTRATIVE PROCEEDING. (a) A
7-3 professional may disclose confidential information in:
7-4 (1) a judicial or administrative proceeding brought by
7-5 the patient or the patient's legally authorized representative
7-6 against a professional, including malpractice proceedings;
7-7 (2) a license revocation proceeding in which the
7-8 patient is a complaining witness and in which disclosure is
7-9 relevant to the claim or defense of a professional;
7-10 (3) a judicial or administrative proceeding in which
7-11 the patient waives the patient's right in writing to the privilege
7-12 of confidentiality of information, or when a representative of the
7-13 patient acting on the patient's behalf submits a written waiver to
7-14 the confidentiality privilege;
7-15 (4) a judicial or administrative proceeding to
7-16 substantiate and collect on a claim for mental or emotional health
7-17 services rendered to the patient;
7-18 (5) a judicial proceeding if the judge finds that the
7-19 patient, after having been informed that communications would not
7-20 be privileged, has made communications to a professional in the
7-21 course of a court-ordered examination relating to the patient's
7-22 mental or emotional condition or disorder, except that those
7-23 communications may be disclosed only with respect to issues
7-24 involving the patient's mental or emotional health;
7-25 (6) a judicial proceeding affecting the parent-child
7-26 relationship;
7-27 (7) any criminal proceeding, as otherwise provided by
7-28 law;
7-29 (8) a judicial or administrative proceeding regarding
7-30 the abuse or neglect, or the cause of abuse or neglect, of a
7-31 resident of an institution, as that term is defined by Chapter 242;
7-32 (9) a judicial proceeding relating to a will if the
7-33 patient's physical or mental condition is relevant to the execution
7-34 of the will;
7-35 (10) an involuntary commitment proceeding for
7-36 court-ordered treatment or for a probable cause hearing under:
7-37 (A) Chapter 462;
7-38 (B) Chapter 574; or
7-39 (C) Chapter 593; or
7-40 (11) a judicial or administrative proceeding where the
7-41 court or agency has issued an order or subpoena.
7-42 (b) On granting an order under Subsection (a)(5), the court,
7-43 in determining the extent to which disclosure of all or any part of
7-44 a communication is necessary, shall impose appropriate safeguards
7-45 against unauthorized disclosure.
7-46 Sec. 611.007. REVOCATION OF CONSENT. (a) Except as
7-47 provided by Subsection (b), a patient or a patient's legally
7-48 authorized representative may revoke a disclosure consent to a
7-49 professional at any time. A revocation is valid only if it is
7-50 written, dated, and signed by the patient or legally authorized
7-51 representative.
7-52 (b) A patient may not revoke a disclosure that is required
7-53 for purposes of making payment to the professional for mental
7-54 health care services provided to the patient.
7-55 (c) A patient may not maintain an action against a
7-56 professional for a disclosure made by the professional in good
7-57 faith reliance on an authorization if the professional did not have
7-58 notice of the revocation of the consent.
7-59 Sec. 611.008. REQUEST BY PATIENT. (a) On receipt of a
7-60 written request from a patient to examine or copy all or part of
7-61 the patient's recorded mental health care information, a
7-62 professional, as promptly as required under the circumstances but
7-63 not later than the 15th day after the date of receiving the
7-64 request, shall:
7-65 (1) make the information available for examination
7-66 during regular business hours and provide a copy to the patient, if
7-67 requested; or
7-68 (2) inform the patient if the information does not
7-69 exist or cannot be found.
7-70 (b) Unless provided for by other state law, the professional
8-1 may charge a reasonable fee for retrieving or copying mental health
8-2 care information and is not required to permit examination or
8-3 copying until the fee is paid unless there is a medical emergency.
8-4 (c) A professional may not charge a fee for copying mental
8-5 health care information under Subsection (b) to the extent the fee
8-6 is prohibited under Subchapter M, Chapter 161.
8-7 SECTION 9. Subsection (g), Section 241.152, and Subsection
8-8 (c), Section 611.008, Health and Safety Code, and Subsection (p),
8-9 Section 5.08, Medical Practice Act (Article 4495b, Vernon's Texas
8-10 Civil Statutes), take effect only if S.B. No. 133, 74th
8-11 Legislature, Regular Session, 1995, is enacted and becomes law. If
8-12 S.B. No. 133 does not become law, those provisions have no effect.
8-13 SECTION 10. This Act applies to the disclosure of health
8-14 care information, medical records, and mental health care
8-15 information on or after January 1, 1996.
8-16 SECTION 11. This Act takes effect September 1, 1995.
8-17 SECTION 12. The importance of this legislation and the
8-18 crowded condition of the calendars in both houses create an
8-19 emergency and an imperative public necessity that the
8-20 constitutional rule requiring bills to be read on three several
8-21 days in each house be suspended, and this rule is hereby suspended.
8-22 * * * * *