85R3962 EES-D
By: Zedler H.B. No. 1399
A BILL TO BE ENTITLED
AN ACT
relating to the release of confidential physician-patient
communications to the Texas Medical Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 159.003, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Subject to Subsection (d), an [An] exception to the
privilege of confidentiality in a court or administrative
proceeding exists:
(1) in a proceeding brought by a patient against a
physician, including:
(A) a malpractice proceeding; or
(B) a criminal proceeding or license revocation
proceeding in which the patient is a complaining witness and
disclosure is relevant to a claim or defense of the physician;
(2) if the patient or a person authorized to act on the
patient's behalf submits a written consent to the release of
confidential information as provided by Section 159.005;
(3) in a proceeding to substantiate and collect on a
claim for medical services provided to the patient;
(4) in a civil action or administrative proceeding, if
relevant, brought by the patient or a person on the patient's
behalf, if the patient or person is attempting to recover monetary
damages for a physical or mental condition including the patient's
death;
(5) in a disciplinary [investigation or] proceeding
conducted under this subtitle, if the board protects the identity
of any patient whose billing or medical records are examined other
than a patient:
(A) for whom an exception exists under
Subdivision (1); or
(B) who has submitted written consent to the
release of the billing or medical records as provided by Section
159.005;
(6) in a criminal investigation of a physician in
which the board is participating, or assisting in the investigation
or proceeding by providing certain billing or medical records
obtained from the physician, if the board protects the identity of a
patient whose billing or medical records are provided in the
investigation or proceeding other than a patient:
(A) for whom an exception exists under
Subdivision (1); or
(B) who has submitted written consent to the
release of the billing or medical records as provided by Section
159.005;
(7) in an involuntary civil commitment proceeding,
proceeding for court-ordered treatment, or probable cause hearing
under Chapter 462, 574, or 593, Health and Safety Code;
(8) if the patient's physical or mental condition is
relevant to the execution of a will;
(9) if the information is relevant to a proceeding
brought under Section 159.009;
(10) in a criminal prosecution in which the patient is
a victim, witness, or defendant;
(11) to satisfy a request for billing or medical
records of a deceased or incompetent person under Section
74.051(e), Civil Practice and Remedies Code; or
(12) to a court or a party to an action under a court
order.
(d) A communication or record that is confidential and
privileged under Section 159.002 may not be disclosed or released
to the board for use in an investigation conducted under this
subtitle unless:
(1) the patient or a person authorized to act on the
patient's behalf submits a written consent to the release of the
information as provided by Section 159.005; or
(2) a court orders release of the information to the
board for the purpose of conducting the investigation.
SECTION 2. The change in law made by this Act to Section
159.003, Occupations Code, applies only to the disclosure or
release of information to the Texas Medical Board on or after the
effective date of this Act. The disclosure or release of
information to the Texas Medical Board before that date is governed
by the law in effect on the date of the disclosure or release, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.