| 1 | | - | H.B. No. 531 |
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| 1 | + | By: Miller (Senate Sponsor - Buckingham) H.B. No. 531 |
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| 2 | + | (In the Senate - Received from the House April 23, 2019; |
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| 3 | + | April 29, 2019, read first time and referred to Committee on Health & |
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| 4 | + | Human Services; May 16, 2019, reported favorably by the following |
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| 5 | + | vote: Yeas 9, Nays 0; May 16, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the retention by hospitals and physicians of certain |
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| 6 | 12 | | medical records of a sexual assault victim. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Subchapter E, Chapter 241, Health and Safety |
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| 9 | 15 | | Code, is amended by adding Section 241.1031 to read as follows: |
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| 10 | 16 | | Sec. 241.1031. PRESERVATION OF RECORD FROM FORENSIC MEDICAL |
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| 11 | 17 | | EXAMINATION. (a) A hospital may not destroy a medical record from |
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| 12 | 18 | | the forensic medical examination of a sexual assault victim |
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| 13 | 19 | | conducted under Article 56.06 or 56.065, Code of Criminal |
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| 14 | 20 | | Procedure, until the 20th anniversary of the date the record was |
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| 15 | 21 | | created. |
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| 16 | 22 | | (b) A hospital may maintain a medical record described by |
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| 17 | 23 | | Subsection (a) in the same form in which the hospital maintains |
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| 18 | 24 | | other medical records. |
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| 19 | 25 | | SECTION 2. Section 153.003, Occupations Code, is amended to |
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| 20 | 26 | | read as follows: |
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| 21 | 27 | | Sec. 153.003. RULES REGARDING MAINTENANCE OF PATIENT |
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| 22 | 28 | | RECORDS. (a) The board by rule shall establish the period for |
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| 23 | 29 | | which patient records must be maintained. |
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| 24 | 30 | | (b) The rules adopted under this section must prohibit a |
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| 25 | 31 | | physician from destroying a medical record from the forensic |
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| 26 | 32 | | medical examination of a sexual assault victim conducted under |
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| 27 | 33 | | Article 56.06 or 56.065, Code of Criminal Procedure, until the 20th |
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| 28 | 34 | | anniversary of the date the record was created. |
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| 29 | 35 | | SECTION 3. The changes in law made by this Act apply only to |
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| 30 | 36 | | a medical record created on or after March 1, 2020. A medical |
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| 31 | 37 | | record created before March 1, 2020, is governed by the law in |
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| 32 | 38 | | effect on the date the record was created, and the former law is |
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| 33 | 39 | | continued in effect for that purpose. |
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| 34 | 40 | | SECTION 4. This Act takes effect September 1, 2019. |
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| 35 | | - | ______________________________ ______________________________ |
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| 36 | | - | President of the Senate Speaker of the House |
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| 37 | | - | I certify that H.B. No. 531 was passed by the House on April |
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| 38 | | - | 17, 2019, by the following vote: Yeas 146, Nays 0, 2 present, not |
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| 39 | | - | voting. |
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| 40 | | - | ______________________________ |
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| 41 | | - | Chief Clerk of the House |
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| 42 | | - | I certify that H.B. No. 531 was passed by the Senate on May |
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| 43 | | - | 17, 2019, by the following vote: Yeas 31, Nays 0. |
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| 44 | | - | ______________________________ |
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| 45 | | - | Secretary of the Senate |
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| 46 | | - | APPROVED: _____________________ |
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| 47 | | - | Date |
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| 48 | | - | _____________________ |
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| 49 | | - | Governor |
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| 41 | + | * * * * * |
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