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A BILL TO BE ENTITLED
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AN ACT
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relating to duties of physicians and certain other entities |
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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 159.006, Occupations Code, is amended by |
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adding Subsections (f), (g), and (h) to read as follows: |
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(f) If a physician retires from, terminates employment |
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with, or otherwise leaves a medical practice, the medical practice |
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shall provide to the departing physician: |
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(1) a list of each patient seen or treated by the |
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departing physician in the two years preceding the date of the |
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physician's departure, along with the patient's most recent |
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available contact information; and |
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(2) on written authorization of a patient of the |
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departing physician: |
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(A) access to the patient's medical records; and |
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(B) copies of the patient's medical records, on |
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payment of a fee in the amount prescribed by the board under Section |
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159.008(a). |
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(g) Unless the departing physician and medical practice |
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agree otherwise, the list and medical records described by |
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Subsection (f) shall be provided to the departing physician in the |
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same format in which the records are maintained by the medical |
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practice. |
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(h) The requirements of Subsection (f) may not be waived, |
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voided, or nullified by contract. |
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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 DEPARTING |
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MEDICAL PRACTICE. (a) The board by rule shall require that a |
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physician notify the physician's patients before retiring from, |
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terminating employment with, or otherwise leaving a medical |
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practice and provide the patients the opportunity to request copies |
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of billing or medical records under Section 159.006. |
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(b) The requirements of Subsection (a) may not be waived, |
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voided, or nullified by contract. |
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SECTION 3. Section 159.006, Occupations Code, as amended by |
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this Act, and Section 159.011, Occupations Code, as added by this |
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Act, apply only to a contract entered into or renewed on or after |
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the effective date of this Act. A contract entered into or renewed |
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before the effective date of this Act is governed by the law in |
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effect on the date the contract was entered into or renewed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |
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* * * * * |