Texas 2025 - 89th Regular

Texas House Bill HB2264 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6117 EAS-D
2	2	By: Schoolcraft H.B. No. 2264
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to information provided by friends and family for
10	10	inclusion into certain patients' medical records and to health care
11	11	professionals' duties when discharging certain patients from
12	12	inpatient care.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Subtitle I, Title 2, Health and
15	15	Safety Code, is amended to read as follows:
16	16	SUBTITLE I. MEDICAL RECORDS; DUTIES ON DISCHARGE OF CERTAIN
17	17	PATIENTS
18	18	SECTION 2. Subtitle I, Title 2, Health and Safety Code, is
19	19	amended by adding Chapters 183 and 184 to read as follows:
20	20	CHAPTER 183. FRIENDS AND FAMILY FORM FOR CERTAIN HEALTH CARE
21	21	SERVICES
22	22	Sec. 183.001. DEFINITIONS. In this chapter:
23	23	(1) "Friends and family form" means a form for
24	24	individuals who have a close, personal interest in a patient's
25	25	well-being to provide health or background information about the
26	26	patient to a health care professional to assist the professional in
27	27	providing mental health, behavioral health, or substance use
28	28	treatment to the patient.
29	29	(2) "Health care professional" means an individual who
30	30	is licensed, certified, or otherwise authorized by this state's
31	31	laws to provide or render health care in the ordinary course of
32	32	business or practice of a profession.
33	33	Sec. 183.002. APPLICABILITY OF CHAPTER. This chapter
34	34	applies only in relation to the provision of mental health,
35	35	behavioral health, or substance use treatment to a patient.
36	36	Sec. 183.003. CONSTRUCTION OF CHAPTER. This chapter may
37	37	not be construed to modify or alter any generally accepted ethics,
38	38	standards, protocols, or laws governing health care professionals.
39	39	Sec. 183.004. COMMISSION DUTIES. (a) The commission
40	40	shall:
41	41	(1) develop a friends and family form; and
42	42	(2) post on the commission's Internet website:
43	43	(A) the form; and
44	44	(B) a web page for health care professionals and
45	45	friends and family members of patients that provides information on
46	46	available federal guidance resources addressing health information
47	47	privacy and other useful information as the commission determines
48	48	appropriate.
49	49	(b) The commission may notify interested persons of the
50	50	availability of the resources described by Subsection (a).
51	51	Sec. 183.005. CONTENT OF FRIENDS AND FAMILY FORM. (a) An
52	52	individual with a close, personal interest in the well-being of a
53	53	patient may provide on a friends and family form information
54	54	regarding a patient's:
55	55	(1) diagnosis;
56	56	(2) past hospitalizations;
57	57	(3) de-escalation techniques;
58	58	(4) current and past health care providers and contact
59	59	information for those providers;
60	60	(5) potential triggers;
61	61	(6) housing status;
62	62	(7) family history, relationships, and social
63	63	environment;
64	64	(8) current medical conditions; and
65	65	(9) current and past medications.
66	66	(b) The commission may include any other field on the
67	67	friends and family form the commission determines would assist a
68	68	health care professional in providing mental health, behavioral
69	69	health, or substance use treatment to a patient.
70	70	(c) The friends and family form must clearly state the
71	71	information provided on the form may become part of the patient's
72	72	medical record.
73	73	Sec. 183.006. PROVISION OF SUPPLEMENTAL INFORMATION. In
74	74	addition to information provided under a friends and family form,
75	75	an individual who has a close, personal interest in the well-being
76	76	of a patient may provide to a health care professional supplemental
77	77	information about the patient, including documents, records,
78	78	photos, testimonials, and other significant health-related
79	79	information.
80	80	Sec. 183.007. INFORMATION ACCURACY REQUIREMENTS. An
81	81	individual who provides information about a patient under this
82	82	chapter must ensure the information is accurate to the individual's
83	83	best knowledge.
84	84	Sec. 183.008. HEALTH CARE PROFESSIONAL DUTIES. (a) A
85	85	health care professional may accept information provided under this
86	86	chapter to supplement the patient's medical record:
87	87	(1) in writing or through e-mail; or
88	88	(2) subject to Subsection (b), verbally, including
89	89	through a voicemail message.
90	90	(b) A health care professional must establish a
91	91	documentation process for information provided verbally for
92	92	inclusion in the patient's medical record.
93	93	(c) A health care professional shall acknowledge receipt of
94	94	information provided under this chapter but is not required to
95	95	disclose any additional information.
96	96	(d) A health care professional may accept a wholly or partly
97	97	completed friends and family form.
98	98	(e) A health care professional may omit from the patient's
99	99	medical record information provided under this chapter if:
100	100	(1) the patient explicitly objects to the professional
101	101	receiving information from a specific person; or
102	102	(2) the professional does not consider the provided
103	103	information relevant to the patient's treatment.
104	104	Sec. 183.009. DISCLOSURE OF INFORMATION. (a) Except as
105	105	provided by Subsection (b), a health care professional may not
106	106	disclose information provided under this chapter to any other
107	107	person if the patient expressly prohibits disclosure.
108	108	(b) A health care professional may disclose information
109	109	provided under this chapter in accordance with a court order or
110	110	other law.
111	111	Sec. 183.010. LIMITED LIABILITY OF HEALTH CARE
112	112	PROFESSIONALS. A health care professional is not subject to any
113	113	civil, criminal, or administrative liability or professional
114	114	disciplinary action for an act or omission in response to
115	115	information provided under this chapter.
116	116	CHAPTER 184. DUTIES ON DISCHARGE FROM INPATIENT TREATMENT
117	117	Sec. 184.001. DEFINITIONS. In this chapter:
118	118	(1) "Health care professional" means an individual who
119	119	is licensed, certified, or otherwise authorized by this state's
120	120	laws to provide or render health care in the ordinary course of
121	121	business or practice of a profession.
122	122	(2) "Inpatient care" includes a patient receiving
123	123	inpatient care:
124	124	(A) at a chemical dependency treatment facility
125	125	licensed under Chapter 464;
126	126	(B) voluntarily for mental health services under
127	127	Chapter 572; or
128	128	(C) as part of a court order for mental health
129	129	services under Chapter 574.
130	130	Sec. 184.002. DUTIES ON INPATIENT TREATMENT DISCHARGE. (a)
131	131	A health care professional responsible for discharging a patient
132	132	from inpatient care for mental health, behavioral health, or
133	133	substance use treatment in this state shall make a reasonable
134	134	effort to:
135	135	(1) provide a written or telephonic notice stating the
136	136	date and time the patient is scheduled to be discharged to any
137	137	health care professional who is providing mental health, behavioral
138	138	health, or substance use treatment to the patient unless the
139	139	patient objects;
140	140	(2) not later than 24 hours after the patient is
141	141	discharged, provide written or telephonic notice of the discharge
142	142	to any health care professional to whom the patient is referred for
143	143	follow-up care; and
144	144	(3) provide to the patient the educational documents
145	145	described by Section 184.003.
146	146	(b) The notice described by Subsection (a)(2) must include a
147	147	summary of the patient's medical history and any current mental
148	148	health, behavioral health, or substance use conditions the patient
149	149	is experiencing at the time of discharge. The discharging health
150	150	care professional must transmit the summary to the treating health
151	151	care professional not later than the date of the patient's first
152	152	follow-up appointment.
153	153	Sec. 184.003. EDUCATIONAL DOCUMENTS. (a) The commission
154	154	shall create and publish on the commission's Internet website
155	155	educational documents for a patient and the patient's family
156	156	members, caregivers, and friends that provide information on the
157	157	warning signs of self-harm and the importance of seeking treatment
158	158	after discharge from inpatient care.
159	159	(b) The educational documents must recommend the provision
160	160	of ongoing care to the patient and clarify that medical privacy laws
161	161	do not prevent a family member, friend, or other person from
162	162	communicating the patient's condition to a health care professional
163	163	providing treatment to the patient in accordance with Chapter 183.
164	164	SECTION 3. (a) Not later than December 1, 2025, the
165	165	executive commissioner of the Health and Human Services Commission
166	166	shall:
167	167	(1) develop the form required by Section 183.004(a),
168	168	Health and Safety Code, as added by this Act;
169	169	(2) develop the educational documents required by
170	170	Section 184.003, Health and Safety Code, as added by this Act; and
171	171	(3) adopt rules necessary to implement the changes in
172	172	law made by this Act.
173	173	(b) Chapters 183 and 184, Health and Safety Code, as added
174	174	by this Act, apply only to health care services provided on or after
175	175	December 1, 2025.
176	176	SECTION 4. This Act takes effect September 1, 2025.