BILL ANALYSIS Senate Research Center C.S.S.B. 1733 84R23535 MAW-D By: Uresti State Affairs 4/23/2015 Committee Report (Substituted)
BILL ANALYSIS
Senate Research Center C.S.S.B. 1733
84R23535 MAW-D By: Uresti
State Affairs
4/23/2015
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1733
84R23535 MAW-D
By: Uresti
State Affairs
4/23/2015
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, the Occupations Code is ambiguous as to when a physician's office is required to release medical records under a court subpoena or order when the patient is not a party to the case. The statute for hospitals is clear, as hospitals may release records under any subpoena when the patient is a party to the case. If the patient is not a party to the case, a hospital does not disclose the information unless there is a court order. S.B. 1733 would bring the same clarity that hospitals enjoy to physician offices by aligning the Occupations Code with the Health and Safety Code, which governs hospitals. This uniformity will alleviate an administrative burden on physician offices and ensure patient confidentiality is protected in the release of records. This clarification is especially important as different types of health care providers often partner together and operate within the same system. (Original Authors/Sponsors Statement of Intent) C.S.S.B. 1733 amends current law relating to the disclosure in certain judicial proceedings of confidential communications between a physician and a patient. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 159.002, Occupations Code, by adding Subsections (f) and (g), as follows: (f) Authorizes a communication or record that is otherwise confidential and privileged under this section, notwithstanding any other provision of this chapter, to be disclosed or released by a physician without the patients authorization if the disclosure or release is related to a judicial proceeding in which the patient is a party and the disclosure is requested under a subpoena issued under: (1) the Texas Rules of Civil Procedure; (2) the Code of Criminal Procedure; or (3) Chapter 121 (Acknowledgments and Proofs of Written Instruments), Civil Practice and Remedies Code. (g) Provides that Subsection (f) does not prevent a physician from claiming, or otherwise limit the authority of a physician to claim, the privilege of confidentiality on behalf of a patient. SECTION 2. Amends Section 159.003(a), Occupations Code, to provide that an exception to the privilege of confidentiality in a court or administrative proceeding exists to a court or a party to an action under a court order, rather than to a court or a party to an action under a court order or a court subpoena. SECTION 3. Effective date: September 1, 2015.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, the Occupations Code is ambiguous as to when a physician's office is required to release medical records under a court subpoena or order when the patient is not a party to the case. The statute for hospitals is clear, as hospitals may release records under any subpoena when the patient is a party to the case. If the patient is not a party to the case, a hospital does not disclose the information unless there is a court order. S.B. 1733 would bring the same clarity that hospitals enjoy to physician offices by aligning the Occupations Code with the Health and Safety Code, which governs hospitals. This uniformity will alleviate an administrative burden on physician offices and ensure patient confidentiality is protected in the release of records. This clarification is especially important as different types of health care providers often partner together and operate within the same system. (Original Authors/Sponsors Statement of Intent)
C.S.S.B. 1733 amends current law relating to the disclosure in certain judicial proceedings of confidential communications between a physician and a patient.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 159.002, Occupations Code, by adding Subsections (f) and (g), as follows:
(f) Authorizes a communication or record that is otherwise confidential and privileged under this section, notwithstanding any other provision of this chapter, to be disclosed or released by a physician without the patients authorization if the disclosure or release is related to a judicial proceeding in which the patient is a party and the disclosure is requested under a subpoena issued under:
(1) the Texas Rules of Civil Procedure;
(2) the Code of Criminal Procedure; or
(3) Chapter 121 (Acknowledgments and Proofs of Written Instruments), Civil Practice and Remedies Code.
(g) Provides that Subsection (f) does not prevent a physician from claiming, or otherwise limit the authority of a physician to claim, the privilege of confidentiality on behalf of a patient.
SECTION 2. Amends Section 159.003(a), Occupations Code, to provide that an exception to the privilege of confidentiality in a court or administrative proceeding exists to a court or a party to an action under a court order, rather than to a court or a party to an action under a court order or a court subpoena.
SECTION 3. Effective date: September 1, 2015.