Texas 2015 - 84th Regular

Texas Senate Bill SB1733 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Uresti S.B. No. 1733
2	2	(In the Senate - Filed March 13, 2015; March 24, 2015, read
3	3	first time and referred to Committee on State Affairs;
4	4	April 28, 2015, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 9, Nays 0; April 28, 2015,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1733 By: Ellis
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the disclosure in certain judicial proceedings of
14	14	confidential communications between a physician and a patient.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 159.002, Occupations Code, is amended by
17	17	adding Subsections (f) and (g) to read as follows:
18	18	(f) Notwithstanding any other provision of this chapter, a
19	19	communication or record that is otherwise confidential and
20	20	privileged under this section may be disclosed or released by a
21	21	physician without the patient's authorization if the disclosure or
22	22	release is related to a judicial proceeding in which the patient is
23	23	a party and the disclosure is requested under a subpoena issued
24	24	under:
25	25	(1) the Texas Rules of Civil Procedure;
26	26	(2) the Code of Criminal Procedure; or
27	27	(3) Chapter 121, Civil Practice and Remedies Code.
28	28	(g) Subsection (f) does not prevent a physician from
29	29	claiming, or otherwise limit the authority of a physician to claim,
30	30	the privilege of confidentiality on behalf of a patient.
31	31	SECTION 2. Section 159.003(a), Occupations Code, is amended
32	32	to read as follows:
33	33	(a) An exception to the privilege of confidentiality in a
34	34	court or administrative proceeding exists:
35	35	(1) in a proceeding brought by a patient against a
36	36	physician, including:
37	37	(A) a malpractice proceeding; or
38	38	(B) a criminal proceeding or license revocation
39	39	proceeding in which the patient is a complaining witness and
40	40	disclosure is relevant to a claim or defense of the physician;
41	41	(2) if the patient or a person authorized to act on the
42	42	patient's behalf submits a written consent to the release of
43	43	confidential information as provided by Section 159.005;
44	44	(3) in a proceeding to substantiate and collect on a
45	45	claim for medical services provided to the patient;
46	46	(4) in a civil action or administrative proceeding, if
47	47	relevant, brought by the patient or a person on the patient's
48	48	behalf, if the patient or person is attempting to recover monetary
49	49	damages for a physical or mental condition including the patient's
50	50	death;
51	51	(5) in a disciplinary investigation or proceeding
52	52	conducted under this subtitle, if the board protects the identity
53	53	of any patient whose billing or medical records are examined other
54	54	than a patient:
55	55	(A) for whom an exception exists under
56	56	Subdivision (1); or
57	57	(B) who has submitted written consent to the
58	58	release of the billing or medical records as provided by Section
59	59	159.005;
60	60	(6) in a criminal investigation of a physician in
61	61	which the board is participating, or assisting in the investigation
62	62	or proceeding by providing certain billing or medical records
63	63	obtained from the physician, if the board protects the identity of a
64	64	patient whose billing or medical records are provided in the
65	65	investigation or proceeding other than a patient:
66	66	(A) for whom an exception exists under
67	67	Subdivision (1); or
68	68	(B) who has submitted written consent to the
69	69	release of the billing or medical records as provided by Section
70	70	159.005;
71	71	(7) in an involuntary civil commitment proceeding,
72	72	proceeding for court-ordered treatment, or probable cause hearing
73	73	under Chapter 462, 574, or 593, Health and Safety Code;
74	74	(8) if the patient's physical or mental condition is
75	75	relevant to the execution of a will;
76	76	(9) if the information is relevant to a proceeding
77	77	brought under Section 159.009;
78	78	(10) in a criminal prosecution in which the patient is
79	79	a victim, witness, or defendant;
80	80	(11) to satisfy a request for billing or medical
81	81	records of a deceased or incompetent person under Section
82	82	74.051(e), Civil Practice and Remedies Code; or
83	83	(12) to a court or a party to an action under a court
84	84	order [or court subpoena].
85	85	SECTION 3. This Act takes effect September 1, 2015.
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