Bill Text: TX HB1399 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the release of confidential physician-patient communications to the Texas Medical Board.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-28 - Referred to Public Health [HB1399 Detail]

Download: Texas-2017-HB1399-Introduced.html
  85R3962 EES-D
 
  By: Zedler H.B. No. 1399
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the release of confidential physician-patient
  communications to the Texas Medical Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 159.003, Occupations Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Subject to Subsection (d), an [An] exception to the
  privilege of confidentiality in a court or administrative
  proceeding exists:
               (1)  in a proceeding brought by a patient against a
  physician, including:
                     (A)  a malpractice proceeding; or
                     (B)  a criminal proceeding or license revocation
  proceeding in which the patient is a complaining witness and
  disclosure is relevant to a claim or defense of the physician;
               (2)  if the patient or a person authorized to act on the
  patient's behalf submits a written consent to the release of
  confidential information as provided by Section 159.005;
               (3)  in a proceeding to substantiate and collect on a
  claim for medical services provided to the patient;
               (4)  in a civil action or administrative proceeding, if
  relevant, brought by the patient or a person on the patient's
  behalf, if the patient or person is attempting to recover monetary
  damages for a physical or mental condition including the patient's
  death;
               (5)  in a disciplinary [investigation or] proceeding
  conducted under this subtitle, if the board protects the identity
  of any patient whose billing or medical records are examined other
  than a patient:
                     (A)  for whom an exception exists under
  Subdivision (1); or
                     (B)  who has submitted written consent to the
  release of the billing or medical records as provided by Section
  159.005;
               (6)  in a criminal investigation of a physician in
  which the board is participating, or assisting in the investigation
  or proceeding by providing certain billing or medical records
  obtained from the physician, if the board protects the identity of a
  patient whose billing or medical records are provided in the
  investigation or proceeding other than a patient:
                     (A)  for whom an exception exists under
  Subdivision (1); or
                     (B)  who has submitted written consent to the
  release of the billing or medical records as provided by Section
  159.005;
               (7)  in an involuntary civil commitment proceeding,
  proceeding for court-ordered treatment, or probable cause hearing
  under Chapter 462, 574, or 593, Health and Safety Code;
               (8)  if the patient's physical or mental condition is
  relevant to the execution of a will;
               (9)  if the information is relevant to a proceeding
  brought under Section 159.009;
               (10)  in a criminal prosecution in which the patient is
  a victim, witness, or defendant;
               (11)  to satisfy a request for billing or medical
  records of a deceased or incompetent person under Section
  74.051(e), Civil Practice and Remedies Code; or
               (12)  to a court or a party to an action under a court
  order.
         (d)  A communication or record that is confidential and
  privileged under Section 159.002 may not be disclosed or released
  to the board for use in an investigation conducted under this
  subtitle unless:
               (1)  the patient or a person authorized to act on the
  patient's behalf submits a written consent to the release of the
  information as provided by Section 159.005; or 
               (2)  a court orders release of the information to the
  board for the purpose of conducting the investigation.
         SECTION 2.  The change in law made by this Act to Section
  159.003, Occupations Code, applies only to the disclosure or
  release of information to the Texas Medical Board on or after the
  effective date of this Act.  The disclosure or release of
  information to the Texas Medical Board before that date is governed
  by the law in effect on the date of the disclosure or release, and
  the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.
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