Texas House Bill HB3939

Texas 2017 - 85th Regular

Caption

Relating to the retention by hospitals and physicians of medical records of a sexual assault victim.

Impact

The implications of this bill are significant in the realm of healthcare and legal proceedings related to sexual assault. By mandating a longer retention period for medical records, the bill aims to protect the rights of victims and ensure that essential information is available when needed. This change could enhance the legal redress for victims and provide them with a stronger foundation for pursuing justice in sexual assault cases. Furthermore, it ensures consistency in how medical records are treated across various healthcare providers.

Summary

House Bill 3939 pertains to the retention of medical records related to sexual assault victims by hospitals and physicians. The bill emphasizes the importance of preserving these sensitive records to ensure that victims retain access to their medical history, which could be vital for any future legal proceedings or healthcare needs. It dictates that hospitals are prohibited from destroying medical records related to sexual assault until either the 30th anniversary of the record's creation or the expiration of the relevant statute of limitations, whichever comes first.

Contention

There may be points of contention surrounding the bill, particularly concerning privacy rights and the burden it imposes on healthcare providers. Critics might argue that maintaining records for such an extended period could lead to potential breaches of patient confidentiality or unnecessary storage headaches for hospitals. Meanwhile, supporters are likely to emphasize the importance of safeguarding the rights of sexual assault victims and the need for accessible medical documentation to empower them in their healing process and any subsequent legal actions.