S.B. No. 166
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, urgent care facility, nursing home,
home and community support services agency, and emergency medical
services personnel as defined by Section 773.003, Health and Safety
Code.
SECTION 2. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 166 passed the Senate on
March 13, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 8, 2013, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 166 passed the House, with
amendment, on May 2, 2013, by the following vote: Yeas 147, Nays 0,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor