| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the retention by hospitals and physicians of certain |
|
|
medical records of a sexual assault victim. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 241.103, Health and Safety Code, is |
|
|
amended by adding Subsection (c-1) to read as follows: |
|
|
(c-1) A hospital may not destroy a medical record from the |
|
|
forensic medical examination of a sexual assault victim conducted |
|
|
under Article 56.06 or 56.065, Code of Criminal Procedure, until |
|
|
the 15th anniversary of the date the record was created. |
|
|
SECTION 2. Section 153.003, Occupations Code, is amended to |
|
|
read as follows: |
|
|
Sec. 153.003. RULES REGARDING MAINTENANCE OF PATIENT |
|
|
RECORDS. (a) The board by rule shall establish the period for |
|
|
which patient records must be maintained. |
|
|
(b) The rules adopted under this section must prohibit a |
|
|
physician from destroying a medical record from the forensic |
|
|
medical examination of a sexual assault victim conducted under |
|
|
Article 56.06 or 56.065, Code of Criminal Procedure, until the 15th |
|
|
anniversary of the date the record was created. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
a medical record created on or after the effective date of this Act. |
|
|
A medical record created before the effective date of this Act is |
|
|
governed by the law in effect on the date the record was created, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |