Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Goolsby H.B. No. 3514
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of a patient or the patient's representative
1-3 to a copy of the patient's medical records.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.08 (k), Medical Practices Act (Article
1-6 4495b, Vernon's Texas Civil Statutes, is amended to read as
1-7 follows:
1-8 (k)(1) A physician shall furnish copies of medical records
1-9 requested or a summary or a narrative of the records, including
1-10 records received from a physician or other health care provider
1-11 involved in the care or treatment of the patient, pursuant to a
1-12 written consent of release of the information as provided by
1-13 Subsection (j) of this section, except if the physician determines
1-14 that access to the information would be harmful to the physical,
1-15 mental, or emotional health of the patient[,]. [and the] The
1-16 physician may delete confidential information about another patient
1-17 or family member of the patient who has not consented to the
1-18 release.
1-19 (2) A physician, upon request, shall provide complete
1-20 copies of medical records to a subsequent or consulting physician.
1-21 The duty to provide medical records under this subsection shall not
1-22 be nullified by contract.
1-23 (3) A physician shall provide the information within
1-24 15 business days after the date of receipt of the written consent
2-1 for release of the information. [The information shall be furnished
2-2 by the physician within 30 days after the date of receipt of the
2-3 request.] If the physician denies the request, in whole or in part,
2-4 the physician shall furnish the patient a written statement, signed
2-5 and dated, stating the reason for denial. A copy of the statement
2-6 denying the request shall be placed in the patient's medical
2-7 records.
2-8 SECTION 2. Section 5.08, Medical Practice Act (Article
2-9 4495b, Vernon's Texas Civil Statutes), is amended by adding the
2-10 subsection (q) to read as follows:
2-11 (q) Notwithstanding any other provision of law, the board,
2-12 by rule, shall establish the conditions by which it may appoint a
2-13 person or entity to become custodian of a physician's medical
2-14 records on either a temporary or permanent basis. The board shall
2-15 include in its considerations the death, mental or physical
2-16 incapacitation of a physician, or abandonment of the medical
2-17 records. The rules shall also provide for:
2-18 (1) the release of medical records by an appointed
2-19 custodian in compliance with the requirements of this section; and
2-20 (2) a provision for the appointed custodian to charge
2-21 a fee in addition to those permitted by subsection (o) of this
2-22 section and to the extent not limited by subsection (p) of this
2-23 section.
2-24 SECTION 3. The provisions of SECTION 1. of this Act become
2-25 effective January 1, 1998.
2-26 SECTION 4. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
2-28 emergency and an imperative public necessity that the
2-29 constitutional rule requiring bills to be read on three several
2-30 days in each house be suspended, and this rule is hereby suspended,
3-1 and that this Act take effect and be in force according to its
3-2 terms, and it is so enacted.