By: Hancock S.B. No. 1520
 
  (Burkett)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to duties of physicians and certain other entities
  regarding patient records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 159.006, Occupations Code, is amended by
  adding Subsections (f), (g), and (h) to read as follows:
         (f)  If a physician retires from, terminates employment
  with, or otherwise leaves a medical practice, the medical practice
  shall provide to the departing physician:
               (1)  a list of each patient seen or treated by the
  departing physician in the two years preceding the date of the
  physician's departure, along with the patient's most recent
  available contact information; and
               (2)  on written authorization of a patient of the
  departing physician:
                     (A)  access to the patient's medical records; and
                     (B)  copies of the patient's medical records, on
  payment of a fee not to exceed the amount prescribed by the board
  under Section 159.008(a).
         (g)  Unless the departing physician and medical practice
  agree otherwise, the list and medical records described by
  Subsection (f) shall be provided to the departing physician in the
  same format in which the records are maintained by the medical
  practice.
         (h)  The requirements of Subsection (f) may not be waived,
  voided, or nullified by contract.
         SECTION 2.  Chapter 159, Occupations Code, is amended by
  adding Section 159.011 to read as follows:
         Sec. 159.011.  NOTICE TO PATIENT OF PHYSICIAN DEPARTING
  MEDICAL PRACTICE. (a)  The board by rule shall require that a
  physician notify the physician's patients before retiring from,
  terminating employment with, or otherwise leaving a medical
  practice and provide the patients the opportunity to request copies
  of billing or medical records under Section 159.006.
         (b)  The requirements of Subsection (a) may not be waived,
  voided, or nullified by contract.
         SECTION 3.  Section 159.006, Occupations Code, as amended by
  this Act, and Section 159.011, Occupations Code, as added by this
  Act, apply only to a contract entered into or renewed on or after
  the effective date of this Act. A contract entered into or renewed
  before the effective date of this Act is governed by the law in
  effect on the date the contract was entered into or renewed, and the
  former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.