BILL ANALYSIS

 

 

Senate Research Center

H.B. 1543

85R20481 TSR-D

By: Burkett (Watson)

 

Health & Human Services

 

5/12/2017

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current state law, hearing aid client records are treated as business records, not medical records. As business records, the records are solely the property of the person or practice licensed to fit and dispense hearing instruments. Therefore, the clients, or patients, do not have a right to their own records. H.B. 1543 changes that by requiring a person licensed to fit and dispense of hearing instruments to provide the client with records pertaining to the "testing for, and fitting and dispensing of, hearing instruments" if requested by that client.

 

H.B. 1543 amends current law relating to access to records that pertain to the testing for, and fitting and dispensing of, hearing instruments.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter H, Chapter 402, Occupations Code, by adding Section 402.354, as follows:

 

Sec. 402.354. CLIENT ACCESS TO RECORDS. Provides that a client of a person licensed to fit and dispense hearing instruments or of a hearing instrument fitting and dispensing practice is entitled to obtain a copy of the client's records that pertain to the testing for, and fitting and dispensing of, hearing instruments by making a signed, written request to the license holder or practice for the records.

 

SECTION 2. Effective date: September 1, 2017.