Bill Text: TX HB395 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the use by certain health care providers of electronically readable information from a driver's license or personal identification certificate.
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2013-03-25 - Left pending in committee [HB395 Detail]
Download: Texas-2013-HB395-Introduced.html
| 83R1851 KKR-D | ||
| By: Larson | H.B. No. 395 | |
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| relating to the use by certain health care providers of | ||
| electronically readable information from a driver's license or | ||
| personal identification certificate. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 521.126, Transportation Code, is amended | ||
| by amending Subsections (i), (j), and (k) and adding Subsection (l) | ||
| to read as follows: | ||
| (i) The prohibition provided by Subsection (b) does not | ||
| apply to a health care provider or hospital that accesses, uses, | ||
| compiles, or maintains a database of the information to provide | ||
| health care services to the individual who holds the driver's | ||
| license, commercial driver's license, or personal identification | ||
| certificate. | ||
| (j) Except as otherwise provided by this subsection, a | ||
| health care provider or hospital may not sell, transfer, or | ||
| otherwise disseminate the information described by Subsection (i) | ||
| to a third party for any purpose, including any marketing, | ||
| advertising, or promotional activities. A health care provider or | ||
| hospital that obtains information described by Subsection (i) may | ||
| transfer the information only in accordance with the rules | ||
| implementing the federal Health Insurance Portability and | ||
| Accountability Act of 1996 (Pub. L. No. 104-191). A business | ||
| associate, and any subcontractor of the business associate who | ||
| receives the transferred information, may use the information only | ||
| to service or maintain the health care provider's or hospital's | ||
| database of the information. | ||
| (k) If an individual objects to the health care provider or | ||
| hospital collecting the individual's information from the | ||
| individual's driver's license as described by Subsection (i), the | ||
| health care provider or hospital must use an alternative method for | ||
| collecting the individual's information. | ||
| (l) In this section, "health care provider" means an | ||
| individual or facility licensed, certified, or otherwise | ||
| authorized by the law of this state to provide or administer health | ||
| care, for profit or otherwise, in the ordinary course of business or | ||
| professional practice, including a physician, nurse, dentist, | ||
| podiatrist, pharmacist, chiropractor, therapeutic optometrist, | ||
| ambulatory surgical center, and nursing home. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
