| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 85R10573 BEE-D | |
| 2 | 2 | By: Miller H.B. No. 3939 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the retention by hospitals and physicians of medical | |
| 8 | 8 | records of a sexual assault victim. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 241.103, Health and Safety Code, is | |
| 11 | 11 | amended by adding Subsection (c-1) to read as follows: | |
| 12 | 12 | (c-1) A hospital may not destroy a medical record that the | |
| 13 | 13 | hospital knows relates to the sexual assault of a patient until the | |
| 14 | 14 | earlier of: | |
| 15 | 15 | (1) the 30th anniversary of the date the record was | |
| 16 | 16 | created; or | |
| 17 | 17 | (2) the date on which the applicable statute of | |
| 18 | 18 | limitations expires. | |
| 19 | 19 | SECTION 2. Section 153.003, Occupations Code, is amended to | |
| 20 | 20 | read as follows: | |
| 21 | 21 | Sec. 153.003. RULES REGARDING MAINTENANCE OF PATIENT | |
| 22 | 22 | RECORDS. (a) The board by rule shall establish the period for | |
| 23 | 23 | which patient records must be maintained. | |
| 24 | 24 | (b) The rules adopted under this section must prohibit a | |
| 25 | 25 | physician from destroying a medical record that the physician knows | |
| 26 | 26 | relates to the sexual assault of a patient until the earlier of: | |
| 27 | 27 | (1) the 30th anniversary of the date the record was | |
| 28 | 28 | created; or | |
| 29 | 29 | (2) the date on which the applicable statute of | |
| 30 | 30 | limitations expires. | |
| 31 | 31 | SECTION 3. As soon as practicable after the effective date | |
| 32 | 32 | of this Act, the Texas Medical Board shall adopt rules necessary to | |
| 33 | 33 | comply with Section 153.003, Occupations Code, as amended by this | |
| 34 | 34 | Act. | |
| 35 | 35 | SECTION 4. This Act takes effect September 1, 2017. |