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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of a physician's patient |
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information in certain judicial proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 159.003(a), Occupations Code, is amended |
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to read as follows: |
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(a) An exception to the privilege of confidentiality in a |
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court or administrative proceeding exists: |
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(1) in a proceeding brought by a patient against a |
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physician, including: |
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(A) a malpractice proceeding; or |
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(B) a criminal proceeding or license revocation |
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proceeding in which the patient is a complaining witness and |
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disclosure is relevant to a claim or defense of the physician; |
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(2) if the patient or a person authorized to act on the |
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patient's behalf submits a written consent to the release of |
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confidential information as provided by Section 159.005; |
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(3) in a proceeding to substantiate and collect on a |
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claim for medical services provided to the patient; |
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(4) in a civil action or administrative proceeding, if |
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relevant, brought by the patient or a person on the patient's |
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behalf, if the patient or person is attempting to recover monetary |
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damages for a physical or mental condition including the patient's |
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death; |
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(5) in a disciplinary investigation or proceeding |
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conducted under this subtitle, if the board protects the identity |
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of any patient whose billing or medical records are examined other |
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than a patient: |
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(A) for whom an exception exists under |
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Subdivision (1); or |
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(B) who has submitted written consent to the |
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release of the billing or medical records as provided by Section |
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159.005; |
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(6) in a criminal investigation of a physician in |
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which the board is participating, or assisting in the investigation |
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or proceeding by providing certain billing or medical records |
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obtained from the physician, if the board protects the identity of a |
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patient whose billing or medical records are provided in the |
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investigation or proceeding other than a patient: |
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(A) for whom an exception exists under |
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Subdivision (1); or |
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(B) who has submitted written consent to the |
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release of the billing or medical records as provided by Section |
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159.005; |
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(7) in an involuntary civil commitment proceeding, |
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proceeding for court-ordered treatment, or probable cause hearing |
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under Chapter 462, 574, or 593, Health and Safety Code; |
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(8) if the patient's physical or mental condition is |
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relevant to the execution of a will; |
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(9) if the information is relevant to a proceeding |
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brought under Section 159.009; |
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(10) in a criminal prosecution in which the patient is |
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a victim, witness, or defendant; |
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(11) to satisfy a request for billing or medical |
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records of a deceased or incompetent person under Section |
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74.051(e), Civil Practice and Remedies Code; [or] |
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(12) to comply with a court order, except as provided |
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by Subdivision (13); or |
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(13) in a judicial proceeding in which the patient is a |
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party and the disclosure is requested under a subpoena issued |
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under: |
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(A) the Texas Rules of Civil Procedure; |
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(B) the Code of Criminal Procedure; or |
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(C) Chapter 121, Civil Practice and Remedies Code |
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[or a party to an action under a court order or court subpoena]. |
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SECTION 2. This Act takes effect September 1, 2015. |