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A BILL TO BE ENTITLED
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AN ACT
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relating to certain duties of physicians regarding patient records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 159.008, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(c), a physician: |
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(1) may charge a reasonable fee, as prescribed by |
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board rule, for copying billing or medical records; and |
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(2) is not required to permit examination or copying |
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of the records until the fee is paid unless there is a medical |
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emergency. |
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(c) A physician may not charge a fee for copying or |
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furnishing a copy of patient's billing or medical records to a |
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subsequent or consulting physician of the patient under Section |
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159.006(c) or to the patient in excess of: |
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(1) for providing the requested records in paper |
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format, no charge for the first 50 pages and $0.10 per page |
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thereafter; or |
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(2) for providing the requested records in electronic |
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format, no charge. |
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SECTION 2. Chapter 159, Occupations Code, is amended by |
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adding Section 159.011 to read as follows: |
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Sec. 159.011. NOTICE TO PATIENT OF PHYSICIAN RETIREMENT, |
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RELOCATION, OR TERMINATION. (a) The board by rule may require |
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that a physician notify the physician's patients before retiring, |
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relocating, or terminating employment and provide the patients the |
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opportunity to request copies of billing or medical records under |
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Section 159.006. |
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(b) A contract provision may not nullify a requirement |
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adopted under Subsection (a). |
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SECTION 3. Section 159.011, Occupations Code, as added by |
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this Act, applies only to a contract entered into or renewed on or |
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after the effective date of this Act. A contract entered into or |
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renewed before the effective date of this Act is governed by the law |
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in effect on the date the contract was entered into or renewed, and |
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the former law is continued in effect for that purpose. |
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SECTION 2. This Act takes effect September 1, 2017. |