| 1 | 1 | | 82R23708 JAM-F |
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| 2 | 2 | | By: Allen H.B. No. 2446 |
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| 3 | 3 | | Substitute the following for H.B. No. 2446: |
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| 4 | 4 | | By: Mallory Caraway C.S.H.B. No. 2446 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the release of confidential physician-patient |
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| 10 | 10 | | communications in certain circumstances. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 159, Occupations Code, is amended by |
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| 13 | 13 | | adding Section 159.0041 to read as follows: |
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| 14 | 14 | | Sec. 159.0041. EXCEPTIONS TO CONFIDENTIALITY FOR CERTAIN |
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| 15 | 15 | | INTERNAL LAW ENFORCEMENT INVESTIGATIONS. (a) In this section, |
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| 16 | 16 | | "de-identified protected health information" has the meaning |
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| 17 | 17 | | assigned by Section 182.002, Health and Safety Code. |
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| 18 | 18 | | (b) Notwithstanding Sections 159.003 and 159.004, an |
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| 19 | 19 | | exception to the privilege of confidentiality allowing disclosure |
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| 20 | 20 | | of confidential information by a physician exists with respect to |
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| 21 | 21 | | an administrative request by a law enforcement official, including |
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| 22 | 22 | | an administrative subpoena or summons, a civil or an authorized |
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| 23 | 23 | | investigative demand, or a similar process authorized under law, |
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| 24 | 24 | | if: |
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| 25 | 25 | | (1) the information sought is relevant and material to |
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| 26 | 26 | | an internal investigation of the use of force by a law enforcement |
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| 27 | 27 | | officer, corrections officer, or county jailer against a patient, |
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| 28 | 28 | | regardless of whether the patient is incarcerated at the time of the |
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| 29 | 29 | | request; |
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| 30 | 30 | | (2) the request is specific and limited in scope to the |
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| 31 | 31 | | extent reasonably practicable in light of the purpose for which the |
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| 32 | 32 | | information is sought; and |
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| 33 | 33 | | (3) de-identified protected health information cannot |
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| 34 | 34 | | reasonably be used to conduct the investigation. |
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| 35 | 35 | | (c) This section does not authorize the release of |
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| 36 | 36 | | confidential information to investigate or substantiate criminal |
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| 37 | 37 | | charges against a patient. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2011. |
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