Texas 2017 - 85th Regular

Texas House Bill HB1399 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3962 EES-D
2	2	By: Zedler H.B. No. 1399
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release of confidential physician-patient
8	8	communications to the Texas Medical Board.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 159.003, Occupations Code, is amended by
11	11	amending Subsection (a) and adding Subsection (d) to read as
12	12	follows:
13	13	(a) Subject to Subsection (d), an [An] exception to the
14	14	privilege of confidentiality in a court or administrative
15	15	proceeding exists:
16	16	(1) in a proceeding brought by a patient against a
17	17	physician, including:
18	18	(A) a malpractice proceeding; or
19	19	(B) a criminal proceeding or license revocation
20	20	proceeding in which the patient is a complaining witness and
21	21	disclosure is relevant to a claim or defense of the physician;
22	22	(2) if the patient or a person authorized to act on the
23	23	patient's behalf submits a written consent to the release of
24	24	confidential information as provided by Section 159.005;
25	25	(3) in a proceeding to substantiate and collect on a
26	26	claim for medical services provided to the patient;
27	27	(4) in a civil action or administrative proceeding, if
28	28	relevant, brought by the patient or a person on the patient's
29	29	behalf, if the patient or person is attempting to recover monetary
30	30	damages for a physical or mental condition including the patient's
31	31	death;
32	32	(5) in a disciplinary [investigation or] proceeding
33	33	conducted under this subtitle, if the board protects the identity
34	34	of any patient whose billing or medical records are examined other
35	35	than a patient:
36	36	(A) for whom an exception exists under
37	37	Subdivision (1); or
38	38	(B) who has submitted written consent to the
39	39	release of the billing or medical records as provided by Section
40	40	159.005;
41	41	(6) in a criminal investigation of a physician in
42	42	which the board is participating, or assisting in the investigation
43	43	or proceeding by providing certain billing or medical records
44	44	obtained from the physician, if the board protects the identity of a
45	45	patient whose billing or medical records are provided in the
46	46	investigation or proceeding other than a patient:
47	47	(A) for whom an exception exists under
48	48	Subdivision (1); or
49	49	(B) who has submitted written consent to the
50	50	release of the billing or medical records as provided by Section
51	51	159.005;
52	52	(7) in an involuntary civil commitment proceeding,
53	53	proceeding for court-ordered treatment, or probable cause hearing
54	54	under Chapter 462, 574, or 593, Health and Safety Code;
55	55	(8) if the patient's physical or mental condition is
56	56	relevant to the execution of a will;
57	57	(9) if the information is relevant to a proceeding
58	58	brought under Section 159.009;
59	59	(10) in a criminal prosecution in which the patient is
60	60	a victim, witness, or defendant;
61	61	(11) to satisfy a request for billing or medical
62	62	records of a deceased or incompetent person under Section
63	63	74.051(e), Civil Practice and Remedies Code; or
64	64	(12) to a court or a party to an action under a court
65	65	order.
66	66	(d) A communication or record that is confidential and
67	67	privileged under Section 159.002 may not be disclosed or released
68	68	to the board for use in an investigation conducted under this
69	69	subtitle unless:
70	70	(1) the patient or a person authorized to act on the
71	71	patient's behalf submits a written consent to the release of the
72	72	information as provided by Section 159.005; or
73	73	(2) a court orders release of the information to the
74	74	board for the purpose of conducting the investigation.
75	75	SECTION 2. The change in law made by this Act to Section
76	76	159.003, Occupations Code, applies only to the disclosure or
77	77	release of information to the Texas Medical Board on or after the
78	78	effective date of this Act. The disclosure or release of
79	79	information to the Texas Medical Board before that date is governed
80	80	by the law in effect on the date of the disclosure or release, and
81	81	the former law is continued in effect for that purpose.
82	82	SECTION 3. This Act takes effect September 1, 2017.