86R20466 BEE-D
By: Miller H.B. No. 531
Substitute the following for H.B. No. 531:
By: Thompson of Harris C.S.H.B. No. 531
A BILL TO BE ENTITLED
AN ACT
relating to the retention by hospitals and physicians of certain
medical records of a sexual assault victim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 241.103, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) A hospital may not destroy a medical record from the
forensic medical examination of a sexual assault victim conducted
under Article 56.06 or 56.065, Code of Criminal Procedure, until
the 15th anniversary of the date the record was created.
SECTION 2. Section 153.003, Occupations Code, is amended to
read as follows:
Sec. 153.003. RULES REGARDING MAINTENANCE OF PATIENT
RECORDS. (a) The board by rule shall establish the period for
which patient records must be maintained.
(b) The rules adopted under this section must prohibit a
physician from destroying a medical record from the forensic
medical examination of a sexual assault victim conducted under
Article 56.06 or 56.065, Code of Criminal Procedure, until the 15th
anniversary of the date the record was created.
SECTION 3. The changes in law made by this Act apply only to
a medical record created on or after the effective date of this Act.
A medical record created before the effective date of this Act is
governed by the law in effect on the date the record was created,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.