89R6117 EAS-D
By: Schoolcraft H.B. No. 2264
A BILL TO BE ENTITLED
AN ACT
relating to information provided by friends and family for
inclusion into certain patients' medical records and to health care
professionals' duties when discharging certain patients from
inpatient care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle I, Title 2, Health and
Safety Code, is amended to read as follows:
SUBTITLE I. MEDICAL RECORDS; DUTIES ON DISCHARGE OF CERTAIN
PATIENTS
SECTION 2. Subtitle I, Title 2, Health and Safety Code, is
amended by adding Chapters 183 and 184 to read as follows:
CHAPTER 183. FRIENDS AND FAMILY FORM FOR CERTAIN HEALTH CARE
SERVICES
Sec. 183.001. DEFINITIONS. In this chapter:
(1) "Friends and family form" means a form for
individuals who have a close, personal interest in a patient's
well-being to provide health or background information about the
patient to a health care professional to assist the professional in
providing mental health, behavioral health, or substance use
treatment to the patient.
(2) "Health care professional" means an individual who
is licensed, certified, or otherwise authorized by this state's
laws to provide or render health care in the ordinary course of
business or practice of a profession.
Sec. 183.002. APPLICABILITY OF CHAPTER. This chapter
applies only in relation to the provision of mental health,
behavioral health, or substance use treatment to a patient.
Sec. 183.003. CONSTRUCTION OF CHAPTER. This chapter may
not be construed to modify or alter any generally accepted ethics,
standards, protocols, or laws governing health care professionals.
Sec. 183.004. COMMISSION DUTIES. (a) The commission
shall:
(1) develop a friends and family form; and
(2) post on the commission's Internet website:
(A) the form; and
(B) a web page for health care professionals and
friends and family members of patients that provides information on
available federal guidance resources addressing health information
privacy and other useful information as the commission determines
appropriate.
(b) The commission may notify interested persons of the
availability of the resources described by Subsection (a).
Sec. 183.005. CONTENT OF FRIENDS AND FAMILY FORM. (a) An
individual with a close, personal interest in the well-being of a
patient may provide on a friends and family form information
regarding a patient's:
(1) diagnosis;
(2) past hospitalizations;
(3) de-escalation techniques;
(4) current and past health care providers and contact
information for those providers;
(5) potential triggers;
(6) housing status;
(7) family history, relationships, and social
environment;
(8) current medical conditions; and
(9) current and past medications.
(b) The commission may include any other field on the
friends and family form the commission determines would assist a
health care professional in providing mental health, behavioral
health, or substance use treatment to a patient.
(c) The friends and family form must clearly state the
information provided on the form may become part of the patient's
medical record.
Sec. 183.006. PROVISION OF SUPPLEMENTAL INFORMATION. In
addition to information provided under a friends and family form,
an individual who has a close, personal interest in the well-being
of a patient may provide to a health care professional supplemental
information about the patient, including documents, records,
photos, testimonials, and other significant health-related
information.
Sec. 183.007. INFORMATION ACCURACY REQUIREMENTS. An
individual who provides information about a patient under this
chapter must ensure the information is accurate to the individual's
best knowledge.
Sec. 183.008. HEALTH CARE PROFESSIONAL DUTIES. (a) A
health care professional may accept information provided under this
chapter to supplement the patient's medical record:
(1) in writing or through e-mail; or
(2) subject to Subsection (b), verbally, including
through a voicemail message.
(b) A health care professional must establish a
documentation process for information provided verbally for
inclusion in the patient's medical record.
(c) A health care professional shall acknowledge receipt of
information provided under this chapter but is not required to
disclose any additional information.
(d) A health care professional may accept a wholly or partly
completed friends and family form.
(e) A health care professional may omit from the patient's
medical record information provided under this chapter if:
(1) the patient explicitly objects to the professional
receiving information from a specific person; or
(2) the professional does not consider the provided
information relevant to the patient's treatment.
Sec. 183.009. DISCLOSURE OF INFORMATION. (a) Except as
provided by Subsection (b), a health care professional may not
disclose information provided under this chapter to any other
person if the patient expressly prohibits disclosure.
(b) A health care professional may disclose information
provided under this chapter in accordance with a court order or
other law.
Sec. 183.010. LIMITED LIABILITY OF HEALTH CARE
PROFESSIONALS. A health care professional is not subject to any
civil, criminal, or administrative liability or professional
disciplinary action for an act or omission in response to
information provided under this chapter.
CHAPTER 184. DUTIES ON DISCHARGE FROM INPATIENT TREATMENT
Sec. 184.001. DEFINITIONS. In this chapter:
(1) "Health care professional" means an individual who
is licensed, certified, or otherwise authorized by this state's
laws to provide or render health care in the ordinary course of
business or practice of a profession.
(2) "Inpatient care" includes a patient receiving
inpatient care:
(A) at a chemical dependency treatment facility
licensed under Chapter 464;
(B) voluntarily for mental health services under
Chapter 572; or
(C) as part of a court order for mental health
services under Chapter 574.
Sec. 184.002. DUTIES ON INPATIENT TREATMENT DISCHARGE. (a)
A health care professional responsible for discharging a patient
from inpatient care for mental health, behavioral health, or
substance use treatment in this state shall make a reasonable
effort to:
(1) provide a written or telephonic notice stating the
date and time the patient is scheduled to be discharged to any
health care professional who is providing mental health, behavioral
health, or substance use treatment to the patient unless the
patient objects;
(2) not later than 24 hours after the patient is
discharged, provide written or telephonic notice of the discharge
to any health care professional to whom the patient is referred for
follow-up care; and
(3) provide to the patient the educational documents
described by Section 184.003.
(b) The notice described by Subsection (a)(2) must include a
summary of the patient's medical history and any current mental
health, behavioral health, or substance use conditions the patient
is experiencing at the time of discharge. The discharging health
care professional must transmit the summary to the treating health
care professional not later than the date of the patient's first
follow-up appointment.
Sec. 184.003. EDUCATIONAL DOCUMENTS. (a) The commission
shall create and publish on the commission's Internet website
educational documents for a patient and the patient's family
members, caregivers, and friends that provide information on the
warning signs of self-harm and the importance of seeking treatment
after discharge from inpatient care.
(b) The educational documents must recommend the provision
of ongoing care to the patient and clarify that medical privacy laws
do not prevent a family member, friend, or other person from
communicating the patient's condition to a health care professional
providing treatment to the patient in accordance with Chapter 183.
SECTION 3. (a) Not later than December 1, 2025, the
executive commissioner of the Health and Human Services Commission
shall:
(1) develop the form required by Section 183.004(a),
Health and Safety Code, as added by this Act;
(2) develop the educational documents required by
Section 184.003, Health and Safety Code, as added by this Act; and
(3) adopt rules necessary to implement the changes in
law made by this Act.
(b) Chapters 183 and 184, Health and Safety Code, as added
by this Act, apply only to health care services provided on or after
December 1, 2025.
SECTION 4. This Act takes effect September 1, 2025.