1-1     By:  Goolsby (Senate Sponsor - Jackson)                 H.B. No. 27
 1-2           (In the Senate - Received from the House May 7, 1999;
 1-3     May 14, 1999, read first time and referred to Committee on Health
 1-4     Services; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the medical records of the patient of a physician.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 5.08, Medical Practice Act (Article
1-11     4495b, Vernon's Texas Civil Statutes), is amended by amending
1-12     Subsection (k) and by adding Subsection (q) to read as follows:
1-13           (k)(1)  A physician shall furnish copies of medical records
1-14     requested, or a summary or narrative of the records, including
1-15     records received from a physician or other health care provider
1-16     involved in the care or treatment of the patient, pursuant to a
1-17     written consent for release of the information as provided by
1-18     Subsection (j) of this section, except if the physician determines
1-19     that access to the information would be harmful to the physical,
1-20     mental, or emotional health of the patient, and the physician may
1-21     delete confidential information about another patient or family
1-22     member of the patient who has not consented to the release.
1-23                 (2)  In accordance with Subsection (j) of this section,
1-24     on receipt of a written request by a subsequent or consulting
1-25     physician of a patient of the requested physician, the requested
1-26     physician shall furnish a copy of the complete medical records of
1-27     the patient to the subsequent or consulting physician. The duty to
1-28     provide medical records to a subsequent or consulting physician may
1-29     not be nullified by contract.
1-30                 (3)  A physician shall provide the information
1-31     requested under this subsection not later than the 15th business
1-32     day after the date of receipt of the written consent for release
1-33     under Subdivision (1) of this subsection or the written request
1-34     under Subdivision (2) of this subsection.
1-35                 (4)  [The information shall be furnished by the
1-36     physician within 30 days after the date of receipt of the request.]
1-37     If the physician denies the request, in whole or in part, the
1-38     physician shall furnish the patient a written statement, signed and
1-39     dated, stating the reason for the denial.  A copy of the statement
1-40     denying the request shall be placed in the patient's medical
1-41     records.
1-42           (q)  The board by rule shall establish conditions under which
1-43     the board may temporarily or permanently appoint a person or entity
1-44     as a custodian of a physician's medical records.  In adopting rules
1-45     under this subsection, the board shall consider the death of a
1-46     physician, the mental or physical incapacitation of a physician,
1-47     and the abandonment of medical records by a physician.  The rules
1-48     adopted under this subsection must provide for:
1-49                 (1)  the release of the medical records by an appointed
1-50     custodian in compliance with this section; and
1-51                 (2)  a fee charged by the appointed custodian that is
1-52     in addition to the copying fee  governed by Subsections (o) and (p)
1-53     of this section.
1-54           SECTION 2.  This Act takes effect January 1, 2000.
1-55           SECTION 3.  The importance of this legislation and the
1-56     crowded condition of the calendars in both houses create an
1-57     emergency and an imperative public necessity that the
1-58     constitutional rule requiring bills to be read on three several
1-59     days in each house be suspended, and this rule is hereby suspended.
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