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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of confidential physician-patient |
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communications in certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 159, Occupations Code, is amended by |
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adding Section 159.0041 to read as follows: |
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Sec. 159.0041. EXCEPTIONS TO CONFIDENTIALITY FOR CERTAIN |
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INTERNAL LAW ENFORCEMENT INVESTIGATIONS. (a) In this section, |
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"de-identified protected health information" has the meaning |
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assigned by Section 182.002, Health and Safety Code. |
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(b) Notwithstanding Sections 159.003 and 159.004, an |
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exception to the privilege of confidentiality allowing disclosure |
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of confidential information by a physician exists with respect to |
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an administrative request by a law enforcement official, including |
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an administrative subpoena or summons, a civil or an authorized |
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investigative demand, or a similar process authorized under law, |
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if: |
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(1) the information sought is relevant to an internal |
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investigation of the use of force by a law enforcement officer, |
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corrections officer, or county jailer against a patient, regardless |
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of whether the patient is incarcerated at the time of the request; |
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and |
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(2) de-identified protected health information cannot |
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reasonably be used to conduct the investigation. |
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(c) This section does not authorize the release of |
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confidential information to investigate or substantiate criminal |
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charges against a patient. |
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SECTION 2. This Act takes effect September 1, 2011. |