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.