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.