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A BILL TO BE ENTITLED
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AN ACT
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relating to information provided by friends and family for |
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inclusion into certain patients' medical records and to health care |
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professionals' duties when discharging certain patients from |
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inpatient care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle I, Title 2, Health and |
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Safety Code, is amended to read as follows: |
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SUBTITLE I. MEDICAL RECORDS; DUTIES ON DISCHARGE OF CERTAIN |
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PATIENTS |
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SECTION 2. Subtitle I, Title 2, Health and Safety Code, is |
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amended by adding Chapters 183 and 184 to read as follows: |
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CHAPTER 183. FRIENDS AND FAMILY FORM FOR CERTAIN HEALTH CARE |
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SERVICES |
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Sec. 183.001. DEFINITIONS. In this chapter: |
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(1) "Friends and family form" means a form for |
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individuals who have a close, personal interest in a patient's |
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well-being to provide health or background information about the |
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patient to a health care professional to assist the professional in |
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providing mental health, behavioral health, or substance use |
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treatment to the patient. |
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(2) "Health care professional" means an individual who |
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is licensed, certified, or otherwise authorized by this state's |
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laws to provide or render health care in the ordinary course of |
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business or practice of a profession. |
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Sec. 183.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only in relation to the provision of mental health, |
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behavioral health, or substance use treatment to a patient. |
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Sec. 183.003. CONSTRUCTION OF CHAPTER. This chapter may |
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not be construed to modify or alter any generally accepted ethics, |
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standards, protocols, or laws governing health care professionals. |
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Sec. 183.004. COMMISSION DUTIES. (a) The commission |
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shall: |
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(1) develop a friends and family form; and |
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(2) post on the commission's Internet website: |
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(A) the form; and |
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(B) a web page for health care professionals and |
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friends and family members of patients that provides information on |
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available federal guidance resources addressing health information |
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privacy and other useful information as the commission determines |
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appropriate. |
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(b) The commission may notify interested persons of the |
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availability of the resources described by Subsection (a). |
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Sec. 183.005. CONTENT OF FRIENDS AND FAMILY FORM. (a) An |
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individual with a close, personal interest in the well-being of a |
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patient may provide on a friends and family form information |
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regarding a patient's: |
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(1) diagnosis; |
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(2) past hospitalizations; |
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(3) de-escalation techniques; |
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(4) current and past health care providers and contact |
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information for those providers; |
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(5) potential triggers; |
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(6) housing status; |
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(7) family history, relationships, and social |
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environment; |
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(8) current medical conditions; and |
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(9) current and past medications. |
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(b) The commission may include any other field on the |
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friends and family form the commission determines would assist a |
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health care professional in providing mental health, behavioral |
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health, or substance use treatment to a patient. |
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(c) The friends and family form must clearly state the |
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information provided on the form may become part of the patient's |
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medical record. |
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Sec. 183.006. PROVISION OF SUPPLEMENTAL INFORMATION. In |
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addition to information provided under a friends and family form, |
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an individual who has a close, personal interest in the well-being |
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of a patient may provide to a health care professional supplemental |
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information about the patient, including documents, records, |
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photos, testimonials, and other significant health-related |
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information. |
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Sec. 183.007. INFORMATION ACCURACY REQUIREMENTS. An |
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individual who provides information about a patient under this |
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chapter must ensure the information is accurate to the individual's |
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best knowledge. |
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Sec. 183.008. HEALTH CARE PROFESSIONAL DUTIES. (a) A |
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health care professional may accept information provided under this |
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chapter to supplement the patient's medical record: |
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(1) in writing or through e-mail; or |
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(2) subject to Subsection (b), verbally, including |
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through a voicemail message. |
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(b) A health care professional must establish a |
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documentation process for information provided verbally for |
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inclusion in the patient's medical record. |
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(c) A health care professional shall acknowledge receipt of |
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information provided under this chapter but is not required to |
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disclose any additional information. |
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(d) A health care professional may accept a wholly or partly |
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completed friends and family form. |
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(e) A health care professional may omit from the patient's |
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medical record information provided under this chapter if: |
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(1) the patient explicitly objects to the professional |
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receiving information from a specific person; or |
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(2) the professional does not consider the provided |
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information relevant to the patient's treatment. |
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Sec. 183.009. DISCLOSURE OF INFORMATION. (a) Except as |
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provided by Subsection (b), a health care professional may not |
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disclose information provided under this chapter to any other |
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person if the patient expressly prohibits disclosure. |
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(b) A health care professional may disclose information |
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provided under this chapter in accordance with a court order or |
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other law. |
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Sec. 183.010. LIMITED LIABILITY OF HEALTH CARE |
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PROFESSIONALS. A health care professional is not subject to any |
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civil, criminal, or administrative liability or professional |
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disciplinary action for an act or omission in response to |
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information provided under this chapter. |
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CHAPTER 184. DUTIES ON DISCHARGE FROM INPATIENT TREATMENT |
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Sec. 184.001. DEFINITIONS. In this chapter: |
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(1) "Health care professional" means an individual who |
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is licensed, certified, or otherwise authorized by this state's |
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laws to provide or render health care in the ordinary course of |
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business or practice of a profession. |
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(2) "Inpatient care" includes a patient receiving |
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inpatient care: |
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(A) at a chemical dependency treatment facility |
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licensed under Chapter 464; |
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(B) voluntarily for mental health services under |
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Chapter 572; or |
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(C) as part of a court order for mental health |
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services under Chapter 574. |
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Sec. 184.002. DUTIES ON INPATIENT TREATMENT DISCHARGE. (a) |
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A health care professional responsible for discharging a patient |
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from inpatient care for mental health, behavioral health, or |
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substance use treatment in this state shall make a reasonable |
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effort to: |
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(1) provide a written or telephonic notice stating the |
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date and time the patient is scheduled to be discharged to any |
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health care professional who is providing mental health, behavioral |
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health, or substance use treatment to the patient unless the |
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patient objects; |
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(2) not later than 24 hours after the patient is |
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discharged, provide written or telephonic notice of the discharge |
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to any health care professional to whom the patient is referred for |
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follow-up care; and |
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(3) provide to the patient the educational documents |
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described by Section 184.003. |
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(b) The notice described by Subsection (a)(2) must include a |
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summary of the patient's medical history and any current mental |
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health, behavioral health, or substance use conditions the patient |
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is experiencing at the time of discharge. The discharging health |
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care professional must transmit the summary to the treating health |
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care professional not later than the date of the patient's first |
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follow-up appointment. |
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Sec. 184.003. EDUCATIONAL DOCUMENTS. (a) The commission |
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shall create and publish on the commission's Internet website |
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educational documents for a patient and the patient's family |
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members, caregivers, and friends that provide information on the |
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warning signs of self-harm and the importance of seeking treatment |
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after discharge from inpatient care. |
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(b) The educational documents must recommend the provision |
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of ongoing care to the patient and clarify that medical privacy laws |
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do not prevent a family member, friend, or other person from |
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communicating the patient's condition to a health care professional |
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providing treatment to the patient in accordance with Chapter 183. |
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SECTION 3. (a) Not later than December 1, 2025, the |
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executive commissioner of the Health and Human Services Commission |
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shall: |
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(1) develop the form required by Section 183.004(a), |
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Health and Safety Code, as added by this Act; |
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(2) develop the educational documents required by |
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Section 184.003, Health and Safety Code, as added by this Act; and |
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(3) adopt rules necessary to implement the changes in |
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law made by this Act. |
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(b) Chapters 183 and 184, Health and Safety Code, as added |
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by this Act, apply only to health care services provided on or after |
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December 1, 2025. |
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SECTION 4. This Act takes effect September 1, 2025. |