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.
1-60 * * * * *