| 1 | 1 | | 83R18828 KKR-D |
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| 2 | 2 | | By: Deuell, et al. S.B. No. 166 |
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| 3 | 3 | | (Larson) |
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| 4 | 4 | | Substitute the following for S.B. No. 166: No. |
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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 use by certain health care providers of |
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| 10 | 10 | | electronically readable information from a driver's license or |
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| 11 | 11 | | personal identification certificate. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 521.126, Transportation Code, is amended |
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| 14 | 14 | | by amending Subsections (i), (j), and (k) and adding Subsection (l) |
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| 15 | 15 | | to read as follows: |
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| 16 | 16 | | (i) The prohibition provided by Subsection (b) does not |
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| 17 | 17 | | apply to a health care provider or hospital that accesses, uses, |
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| 18 | 18 | | compiles, or maintains a database of the information to provide |
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| 19 | 19 | | health care services to the individual who holds the driver's |
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| 20 | 20 | | license, commercial driver's license, or personal identification |
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| 21 | 21 | | certificate. |
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| 22 | 22 | | (j) Except as otherwise provided by this subsection, a |
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| 23 | 23 | | health care provider or hospital may not sell, transfer, or |
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| 24 | 24 | | otherwise disseminate the information described by Subsection (i) |
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| 25 | 25 | | to a third party for any purpose, including any marketing, |
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| 26 | 26 | | advertising, or promotional activities. A health care provider or |
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| 27 | 27 | | hospital that obtains information described by Subsection (i) may |
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| 28 | 28 | | transfer the information only in accordance with the rules |
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| 29 | 29 | | implementing the federal Health Insurance Portability and |
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| 30 | 30 | | Accountability Act of 1996 (Pub. L. No. 104-191). A business |
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| 31 | 31 | | associate, and any subcontractor of the business associate who |
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| 32 | 32 | | receives the transferred information, may use the information only |
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| 33 | 33 | | to service or maintain the health care provider's or hospital's |
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| 34 | 34 | | database of the information. |
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| 35 | 35 | | (k) If an individual objects to the health care provider or |
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| 36 | 36 | | hospital collecting the individual's information from the |
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| 37 | 37 | | individual's driver's license as described by Subsection (i), the |
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| 38 | 38 | | health care provider or hospital must use an alternative method for |
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| 39 | 39 | | collecting the individual's information. |
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| 40 | 40 | | (l) In this section, "health care provider" means an |
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| 41 | 41 | | individual or facility licensed, certified, or otherwise |
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| 42 | 42 | | authorized by the law of this state to provide or administer health |
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| 43 | 43 | | care, for profit or otherwise, in the ordinary course of business or |
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| 44 | 44 | | professional practice, including a physician, nurse, dentist, |
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| 45 | 45 | | podiatrist, pharmacist, chiropractor, therapeutic optometrist, |
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| 46 | 46 | | ambulatory surgical center, urgent care facility, nursing home, |
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| 47 | 47 | | home and community support services agency, and emergency medical |
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| 48 | 48 | | services personnel as defined by Section 773.003, Health and Safety |
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| 49 | 49 | | Code. |
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| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2013. |
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