75R11330 GJH-F
By Goolsby H.B. No. 3514
Substitute the following for H.B. No. 3514:
By Berlanga C.S.H.B. No. 3514
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the medical records of the patient of a physician.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5.08, Medical Practice Act (Article
1-5 4495b, Vernon's Texas Civil Statutes), is amended by amending
1-6 Subsection (k) and by adding Subsection (q) to read as follows:
1-7 (k)(1) A physician shall furnish copies of medical records
1-8 requested, or a summary or narrative of the records, including
1-9 records received from a physician or other health care provider
1-10 involved in the care or treatment of the patient, pursuant to a
1-11 written consent for release of the information as provided by
1-12 Subsection (j) of this section, except if the physician determines
1-13 that access to the information would be harmful to the physical,
1-14 mental, or emotional health of the patient, and the physician may
1-15 delete confidential information about another patient or family
1-16 member of the patient who has not consented to the release.
1-17 (2) Notwithstanding Subsection (j) of this section, on
1-18 receipt of a written request by a subsequent or consulting
1-19 physician of a patient of the requested physician, the requested
1-20 physician shall furnish a copy of the complete medical records of
1-21 the patient to the subsequent or consulting physician. The duty to
1-22 provide medical records to a subsequent or consulting physician may
1-23 not be nullified by contract.
1-24 (3) A physician shall provide the information
2-1 requested under this subsection on or before the 15th business day
2-2 after the date of receipt of the written consent for release under
2-3 Subsection (k)(1) of this section or the written request under
2-4 Subsection (k)(2) of this section. [The information shall be
2-5 furnished by the physician within 30 days after the date of receipt
2-6 of the request.] If the physician denies the request, in whole or
2-7 in part, the physician shall furnish the patient a written
2-8 statement, signed and dated, stating the reason for the denial. A
2-9 copy of the statement denying the request shall be placed in the
2-10 patient's medical records.
2-11 (q) The board by rule shall establish conditions under which
2-12 the board may temporarily or permanently appoint a person or entity
2-13 as a custodian of a physician's medical records. In adopting rules
2-14 under this subsection, the board shall consider the death of a
2-15 physician, the mental or physical incapacitation of a physician,
2-16 and the abandonment of medical records by a physician. The rules
2-17 adopted under this subsection must provide for:
2-18 (1) the release of the medical records by an appointed
2-19 custodian in compliance with this section; and
2-20 (2) a fee charged by the appointed custodian that is
2-21 in addition to the copying fee governed by Subsections (o) and (p)
2-22 of this section.
2-23 SECTION 2. This Act takes effect January 1, 1998.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.