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