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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of electronically readable information from a |
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driver's license or personal identification certificate by certain |
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health care providers and hospitals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.126, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsections (i) and (j) to |
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read as follows: |
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(b) Except as provided by Subsections (d), (e), [and] (g), |
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(i), and (j), a person commits an offense if the person: |
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(1) accesses or uses electronically readable |
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information derived from a driver's license, commercial driver's |
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license, or personal identification certificate; or |
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(2) compiles or maintains a database of electronically |
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readable information derived from driver's licenses, commercial |
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driver's licenses, or personal identification certificates. |
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(i) The prohibition provided by Subsection (b) does not |
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apply to a health care provider or hospital that accesses, uses, |
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compiles, or maintains a database of the information to provide |
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health care services to the individual who holds the driver's |
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license, commercial driver's license, or personal identification |
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certificate. In this subsection, "health care provider" means an |
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individual or facility licensed, certified, or otherwise |
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authorized by the law of this state to provide or administer health |
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care, for profit or otherwise, in the ordinary course of business or |
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professional practice, including a physician, nurse, dentist, |
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podiatrist, pharmacist, chiropractor, therapeutic optometrist, |
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ambulatory surgical center, and nursing home. |
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(j) A health care provider who obtains information |
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described by Subsection (i) may transfer the information to a |
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health care vendor, regional health care information organization, |
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or other person with whom the health care provider has entered into |
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a business associate contract in accordance with the rules |
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implementing the federal Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191). The business |
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associate may use the information or compile or maintain a database |
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of the information to assist the health care provider in providing |
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health care services to the individual who is the subject of the |
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information or in performing functions related to those health care |
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services. |
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SECTION 2. This Act takes effect September 1, 2007. |