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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of confidential physician-patient |
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communications to the Texas Medical Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 159.003, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Subject to Subsection (d), an [An] exception to the |
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privilege of confidentiality in a court or administrative |
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proceeding exists: |
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(1) in a proceeding brought by a patient against a |
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physician, including: |
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(A) a malpractice proceeding; or |
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(B) a criminal proceeding or license revocation |
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proceeding in which the patient is a complaining witness and |
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disclosure is relevant to a claim or defense of the physician; |
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(2) if the patient or a person authorized to act on the |
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patient's behalf submits a written consent to the release of |
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confidential information as provided by Section 159.005; |
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(3) in a proceeding to substantiate and collect on a |
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claim for medical services provided to the patient; |
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(4) in a civil action or administrative proceeding, if |
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relevant, brought by the patient or a person on the patient's |
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behalf, if the patient or person is attempting to recover monetary |
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damages for a physical or mental condition including the patient's |
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death; |
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(5) in a disciplinary [investigation or] proceeding |
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conducted under this subtitle, if the board protects the identity |
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of any patient whose billing or medical records are examined other |
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than a patient: |
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(A) for whom an exception exists under |
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Subdivision (1); or |
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(B) who has submitted written consent to the |
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release of the billing or medical records as provided by Section |
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159.005; |
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(6) in a criminal investigation of a physician in |
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which the board is participating, or assisting in the investigation |
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or proceeding by providing certain billing or medical records |
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obtained from the physician, if the board protects the identity of a |
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patient whose billing or medical records are provided in the |
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investigation or proceeding other than a patient: |
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(A) for whom an exception exists under |
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Subdivision (1); or |
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(B) who has submitted written consent to the |
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release of the billing or medical records as provided by Section |
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159.005; |
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(7) in an involuntary civil commitment proceeding, |
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proceeding for court-ordered treatment, or probable cause hearing |
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under Chapter 462, 574, or 593, Health and Safety Code; |
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(8) if the patient's physical or mental condition is |
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relevant to the execution of a will; |
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(9) if the information is relevant to a proceeding |
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brought under Section 159.009; |
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(10) in a criminal prosecution in which the patient is |
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a victim, witness, or defendant; |
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(11) to satisfy a request for billing or medical |
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records of a deceased or incompetent person under Section |
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74.051(e), Civil Practice and Remedies Code; or |
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(12) to a court or a party to an action under a court |
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order. |
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(d) A communication or record that is confidential and |
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privileged under Section 159.002 may not be disclosed or released |
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to the board for use in an investigation conducted under this |
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subtitle unless: |
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(1) the patient or a person authorized to act on the |
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patient's behalf submits a written consent to the release of the |
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information as provided by Section 159.005; or |
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(2) a court orders release of the information to the |
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board for the purpose of conducting the investigation. |
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SECTION 2. The change in law made by this Act to Section |
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159.003, Occupations Code, applies only to the disclosure or |
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release of information to the Texas Medical Board on or after the |
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effective date of this Act. The disclosure or release of |
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information to the Texas Medical Board before that date is governed |
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by the law in effect on the date of the disclosure or release, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |