By Goolsby H.B. No. 27
76R1289 GJH-F
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 not later than the 15th business
2-2 day after the date of receipt of the written consent for release
2-3 under Subsection (k)(1) of this section or the written request
2-4 under Subsection (k)(2) of this section.
2-5 (4) [The information shall be furnished by the
2-6 physician within 30 days after the date of receipt of the request.]
2-7 If the physician denies the request, in whole or in part, the
2-8 physician shall furnish the patient a written statement, signed and
2-9 dated, stating the reason for the denial. A copy of the statement
2-10 denying the request shall be placed in the patient's medical
2-11 records.
2-12 (q) The board by rule shall establish conditions under which
2-13 the board may temporarily or permanently appoint a person or entity
2-14 as a custodian of a physician's medical records. In adopting rules
2-15 under this subsection, the board shall consider the death of a
2-16 physician, the mental or physical incapacitation of a physician,
2-17 and the abandonment of medical records by a physician. The rules
2-18 adopted under this subsection must provide for:
2-19 (1) the release of the medical records by an appointed
2-20 custodian in compliance with this section; and
2-21 (2) a fee charged by the appointed custodian that is
2-22 in addition to the copying fee governed by Subsections (o) and (p)
2-23 of this section.
2-24 SECTION 2. This Act takes effect January 1, 2000.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.
3-3 COMMITTEE AMENDMENT NO. 1
3-4 Amend H.B. 27 as follows:
3-5 On page 1, line 17 strike the word "Notwithstanding" and
3-6 insert the words "In accordance with".
3-7 Coleman