By: Burkett H.B. No. 3129
A BILL TO BE ENTITLED
AN ACT
relating to certain duties of physicians regarding patient records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 159.008, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), a physician:
(1) may charge a reasonable fee, as prescribed by
board rule, for copying billing or medical records; and
(2) is not required to permit examination or copying
of the records until the fee is paid unless there is a medical
emergency.
(c) A physician may not charge a fee for copying or
furnishing a copy of patient's billing or medical records to a
subsequent or consulting physician of the patient under Section
159.006(c) or to the patient in excess of:
(1) for providing the requested records in paper
format, no charge for the first 50 pages and $0.10 per page
thereafter; or
(2) for providing the requested records in electronic
format, no charge.
SECTION 2. Chapter 159, Occupations Code, is amended by
adding Section 159.011 to read as follows:
Sec. 159.011. NOTICE TO PATIENT OF PHYSICIAN RETIREMENT,
RELOCATION, OR TERMINATION. (a) The board by rule may require that
a physician notify the physician's patients before retiring,
relocating, or terminating employment and provide the patients the
opportunity to request copies of billing or medical records under
Section 159.006.
(b) A contract provision may not nullify a requirement
adopted under Subsection (a).
SECTION 3. Section 159.011, Occupations Code, as added by
this Act, applies only to a contract entered into or renewed on or
after the effective date of this Act. A contract entered into or
renewed before the effective date of this Act is governed by the law
in effect on the date the contract was entered into or renewed, and
the former law is continued in effect for that purpose.
SECTION 2
. This Act takes effect September 1, 2017.