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.