H.B. No. 118
AN ACT
relating to requiring the provision of notice by certain hospitals
regarding patients' medical records.
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 (d) to read as follows:
(d) A hospital shall provide written notice to a patient, or
a patient's legally authorized representative as that term is
defined by Section 241.151, that the hospital, unless the exception
in Subsection (c) applies, may authorize the disposal of medical
records relating to the patient on or after the periods specified in
this section. The notice shall be provided to the patient or the
patient's legally authorized representative not later than the date
on which the patient who is or will be the subject of a medical
record is treated, except in an emergency treatment situation. In
an emergency treatment situation, the notice shall be provided to
the patient or the patient's legally authorized representative as
soon as is reasonably practicable following the emergency treatment
situation.
SECTION 2. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 118 was passed by the House on April
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 118 was passed by the Senate on May
17, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor