By Naishtat H.B. No. 1308
75R5144 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a right to petition a court for an order to destroy
1-3 records related to certain admissions to a mental health facility;
1-4 providing a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-7 amended by adding Chapter 144 to read as follows:
1-8 CHAPTER 144. DESTRUCTION OF CERTAIN
1-9 MEDICAL RECORDS
1-10 Sec. 144.001. DEFINITIONS. In this chapter:
1-11 (1) "Former mental health patient" means an individual
1-12 who has been admitted to a mental health facility and has been
1-13 released.
1-14 (2) "Record" includes a medical record.
1-15 Sec. 144.002. SUIT AND ORDER FOR DESTRUCTION OF ADMISSION
1-16 RECORDS. A former mental health patient may bring suit for an
1-17 order that all records related to the individual's admission to or
1-18 treatment at a mental health facility be destroyed. The person is
1-19 entitled to the court order to destroy the records if the court
1-20 finds:
1-21 (1) the person has not been admitted to a mental
1-22 health facility during the five years preceding the suit; and
1-23 (2) the admission regarding which the destruction of
1-24 records is sought was not medically necessary.
2-1 Sec. 144.003. PROCEDURE FOR PETITION, NOTICE, HEARING, AND
2-2 ORDER. (a) A petitioner under this chapter shall provide a list
2-3 of each health care provider, agency, hospital, and other person or
2-4 facility that the petitioner has a reason to believe has possession
2-5 of a record subject to destruction if the court orders the
2-6 destruction of records under Section 144.002.
2-7 (b) The court shall:
2-8 (1) set a hearing on the petition; and
2-9 (2) give to each person the petitioner lists in the
2-10 petition reasonable notice of the hearing.
2-11 (c) If after the hearing the court finds that the petitioner
2-12 is entitled to an order directing that records be destroyed:
2-13 (1) the court shall issue an order directing that the
2-14 records be sent to the court or otherwise destroyed in accordance
2-15 with Section 144.004; and
2-16 (2) the court or the clerk of the court shall send to
2-17 each person the petitioner lists in the petition:
2-18 (A) a certified copy of the order;
2-19 (B) an order that any record or information
2-20 regarding the proceedings to obtain the order be destroyed or
2-21 returned to the court; and
2-22 (C) an explanation of the effect of the orders.
2-23 Sec. 144.004. ACTIONS FOLLOWING COURT ORDER. (a) On a
2-24 person's receipt of an order issued under this chapter, the person
2-25 shall delete all index references that identify the former mental
2-26 patient in relation to the admission to a mental health facility
2-27 from the person's records and record storage systems and shall:
3-1 (1) remove each record that identifies the former
3-2 mental patient in relation to the admission and present each record
3-3 to the court; or
3-4 (2) if the removal of the record is impracticable,
3-5 destroy each portion of a record that identifies the former mental
3-6 patient in relation to the admission and notify the court by sworn
3-7 affidavit of the person's action.
3-8 (b) The court shall destroy all records presented to the
3-9 court under this section when all appeals related to the order are
3-10 exhausted.
3-11 Sec. 144.005. COURT RECORDS CONCERNING ORDER. The court
3-12 shall seal records concerning an order issued under this chapter
3-13 and ensure that the court's records are not open for inspection by
3-14 any person except the former mental patient.
3-15 Sec. 144.006. COLLATERAL EFFECTS OF ORDER. (a) A former
3-16 mental patient who successfully petitions for an order under this
3-17 chapter may deny:
3-18 (1) the existence of any record subject to the order
3-19 or of the order itself; or
3-20 (2) the occurrence of:
3-21 (A) the former mental patient's admission to a
3-22 mental health facility if the records of the admission are subject
3-23 to the order; or
3-24 (B) any treatment related to the admission
3-25 described by Paragraph (A).
3-26 (b) A former mental patient who makes a denial under
3-27 Subsection (a) is not liable for a civil or criminal penalty for
4-1 perjury.
4-2 Sec. 144.007. LIMITATION ON CERTAIN LAWSUITS. A former
4-3 mental patient who successfully petitions a court for an order
4-4 under this chapter or a person acting on the former mental
4-5 patient's behalf may not file against a facility or health care
4-6 provider an action related to an event or activity that formed the
4-7 basis of a record subject to the court's order.
4-8 Sec. 144.008. DISCLOSURE OF INFORMATION SUBJECT TO ORDER;
4-9 PENALTY. (a) A person commits an offense if the person:
4-10 (1) knows of a former mental patient's admission to a
4-11 mental health facility;
4-12 (2) knows of a court order issued under this chapter
4-13 that relates to that admission; and
4-14 (3) intentionally releases, disseminates, publishes,
4-15 or otherwise uses a record or index reference subject to that
4-16 order.
4-17 (b) A person commits an offense if the person:
4-18 (1) knowingly fails to delete, destroy, or present to
4-19 the court a record or index reference subject to an order issued
4-20 under this chapter; and
4-21 (2) knows or should have known that the record or
4-22 index reference is subject to that order.
4-23 (c) An offense under this chapter is a Class A misdemeanor.
4-24 Sec. 144.009. EXPIRATION OF CERTAIN PROVISIONS. Sections
4-25 144.002-144.004 expire September 1, 2003.
4-26 SECTION 2. The changes in law made by this Act apply only to
4-27 an action filed on or before September 1, 2003. An action filed on
5-1 or before September 1, 2003, that is pending on September 1, 2003,
5-2 is governed by Chapter 144, Civil Practice and Remedies Code, as
5-3 that chapter existed immediately before the expiration of those
5-4 sections of that chapter as provided by Section 144.009 of that
5-5 chapter, and that law is continued in effect for that purpose.
5-6 SECTION 3. This Act takes effect September 1, 1997, and
5-7 applies to a record created before, on, or after that date.
5-8 SECTION 4. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.