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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 medical |
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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. Section 241.103, Health and Safety Code, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A hospital may not destroy a medical record that the |
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hospital knows relates to the sexual assault of a patient until the |
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earlier of: |
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(1) the 15th anniversary of the date the record was |
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created; or |
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(2) the date on which the applicable statute of |
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limitations expires. |
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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 that the physician knows |
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relates to the sexual assault of a patient until the earlier of: |
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(1) the 15th anniversary of the date the record was |
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created; or |
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(2) the date on which the applicable statute of |
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limitations expires. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Medical Board shall adopt rules necessary to |
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comply with Section 153.003, Occupations Code, as amended by this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2019. |