83R1851 KKR-D
By: Larson H.B. No. 395
A BILL TO BE ENTITLED
AN ACT
relating to the use by certain health care providers of
electronically readable information from a driver's license or
personal identification certificate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.126, Transportation Code, is amended
by amending Subsections (i), (j), and (k) and adding Subsection (l)
to read as follows:
(i) The prohibition provided by Subsection (b) does not
apply to a health care provider or hospital that accesses, uses,
compiles, or maintains a database of the information to provide
health care services to the individual who holds the driver's
license, commercial driver's license, or personal identification
certificate.
(j) Except as otherwise provided by this subsection, a
health care provider or hospital may not sell, transfer, or
otherwise disseminate the information described by Subsection (i)
to a third party for any purpose, including any marketing,
advertising, or promotional activities. A health care provider or
hospital that obtains information described by Subsection (i) may
transfer the information only in accordance with the rules
implementing the federal Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191). A business
associate, and any subcontractor of the business associate who
receives the transferred information, may use the information only
to service or maintain the health care provider's or hospital's
database of the information.
(k) If an individual objects to the health care provider or
hospital collecting the individual's information from the
individual's driver's license as described by Subsection (i), the
health care provider or hospital must use an alternative method for
collecting the individual's information.
(l) In this section, "health care provider" means an
individual or facility licensed, certified, or otherwise
authorized by the law of this state to provide or administer health
care, for profit or otherwise, in the ordinary course of business or
professional practice, including a physician, nurse, dentist,
podiatrist, pharmacist, chiropractor, therapeutic optometrist,
ambulatory surgical center, and nursing home.
SECTION 2. This Act takes effect September 1, 2013.