By: Hall S.B. No. 389

(In the Senate - Filed January 12, 2023; February 15, 2023, read first time and referred to Committee on Health & Human Services; April 24, 2023, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 24, 2023, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 389 By: Hall

A BILL TO BE ENTITLED

AN ACT

relating to information requested from the Texas Medical Board by a member, committee, or agency of the legislature.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 154, Occupations Code, is amended by adding Section 154.007 to read as follows:

Sec. 154.007. COMPLIANCE WITH CERTAIN PUBLIC INFORMATION REQUESTS. (a) Notwithstanding any other provision of this subtitle, the board shall comply with a request for public information made under Section 552.008, Government Code.

(b) When complying with a request for public information described by Subsection (a), the board may redact:

(1) patient information protected by the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), unless the request includes authorization from the patient to disclose the protected information; and

(2) personally identifiable information of an individual, except for the name of the individual.

(c) The board shall include with every fulfilled request for public information described by Subsection (a) a written notice stating that improper use or distribution of confidential information constitutes an offense under Section 552.352, Government Code.

SECTION 2. Section 154.055, Occupations Code, is repealed.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.

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