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A BILL TO BE ENTITLED
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AN ACT
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relating to the retention by hospitals and physicians of certain |
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medical records of a sexual assault victim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 241, Health and Safety |
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Code, is amended by adding Section 241.1031 to read as follows: |
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Sec. 241.1031. PRESERVATION OF RECORD FROM FORENSIC MEDICAL |
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EXAMINATION. (a) A hospital may not destroy a medical record from |
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the forensic medical examination of a sexual assault victim |
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conducted under Article 56.06 or 56.065, Code of Criminal |
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Procedure, until the 20th anniversary of the date the record was |
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created. |
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(b) A hospital may maintain a medical record described by |
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Subsection (a) in the same form in which the hospital maintains |
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other medical records. |
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SECTION 2. Section 153.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 153.003. RULES REGARDING MAINTENANCE OF PATIENT |
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RECORDS. (a) The board by rule shall establish the period for |
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which patient records must be maintained. |
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(b) The rules adopted under this section must prohibit a |
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physician from destroying a medical record from the forensic |
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medical examination of a sexual assault victim conducted under |
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Article 56.06 or 56.065, Code of Criminal Procedure, until the 20th |
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anniversary of the date the record was created. |
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SECTION 3. The changes in law made by this Act apply only to |
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a medical record created on or after March 1, 2020. A medical |
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record created before March 1, 2020, |
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is governed by the law in |
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effect on the date the record was created, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |