Bill Text: TX HB3939 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the retention by hospitals and physicians of medical records of a sexual assault victim.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-04-03 - Referred to Public Health [HB3939 Detail]

Download: Texas-2017-HB3939-Introduced.html

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85R10573 BEE-D
By: Miller H.B. No. 3939

A BILL TO BE ENTITLED
AN ACT
relating to the retention by hospitals and physicians of 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 that the
hospital knows relates to the sexual assault of a patient until the
earlier of:
(1) the 30th anniversary of the date the record was
created; or
(2) the date on which the applicable statute of
limitations expires.
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 that the physician knows
relates to the sexual assault of a patient until the earlier of:
(1) the 30th anniversary of the date the record was
created; or
(2) the date on which the applicable statute of
limitations expires.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Medical Board shall adopt rules necessary to
comply with Section 153.003, Occupations Code, as amended by this
Act.
SECTION 4. This Act takes effect September 1, 2017.