| |
| |
|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
|
|
|
AN ACT
|
|
|
|
|
|
relating to requiring the provision of notice by certain hospitals |
|
|
|
|
|
regarding patients' medical records. |
|
|
|
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
|
|
|
SECTION 1. Section 241.103, Health and Safety Code, is |
|
|
|
|
|
amended by adding Subsection (d) to read as follows: |
|
|
|
|
|
(d) A hospital shall provide written notice to a patient, or |
|
|
|
|
|
a patient's legally authorized representative as that term is |
|
|
|
|
|
defined by Section 241.151, that the hospital, unless the exception |
|
|
|
|
|
in Subsection (c) applies, may authorize the disposal of medical |
|
|
|
|
|
records relating to the patient on or after the periods specified in |
|
|
|
|
|
this section. The notice shall be provided to the patient or the |
|
|
|
|
|
patient's legally authorized representative not later than the date |
|
|
|
|
|
on which the patient who is or will be the subject of a medical |
|
|
|
|
|
record is treated, except in an emergency treatment situation. In |
|
|
|
|
|
an emergency treatment situation, the notice shall be provided to |
|
|
|
|
|
the patient or the patient's legally authorized representative as |
|
|
|
|
|
soon as is reasonably practicable following the emergency treatment |
|
|
|
|
|
situation. |
|
|
|
|
|
SECTION 2. This Act takes effect September 1, 2011. |