Bill Text: TX SB1520 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to duties of physicians and certain other entities regarding patient records.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-19 - Committee report sent to Calendars [SB1520 Detail]
Download: Texas-2017-SB1520-Comm_Sub.html
By: Hancock | S.B. No. 1520 | |
(Burkett) | ||
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relating to duties of physicians and certain other entities | ||
regarding patient records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 159.006, Occupations Code, is amended by | ||
adding Subsections (f), (g), and (h) to read as follows: | ||
(f) If a physician retires from, terminates employment | ||
with, or otherwise leaves a medical practice, the medical practice | ||
shall provide to the departing physician: | ||
(1) a list of each patient seen or treated by the | ||
departing physician in the two years preceding the date of the | ||
physician's departure, along with the patient's most recent | ||
available contact information; and | ||
(2) on written authorization of a patient of the | ||
departing physician: | ||
(A) access to the patient's medical records; and | ||
(B) copies of the patient's medical records, on | ||
payment of a fee not to exceed the amount prescribed by the board | ||
under Section 159.008(a). | ||
(g) Unless the departing physician and medical practice | ||
agree otherwise, the list and medical records described by | ||
Subsection (f) shall be provided to the departing physician in the | ||
same format in which the records are maintained by the medical | ||
practice. | ||
(h) The requirements of Subsection (f) may not be waived, | ||
voided, or nullified by contract. | ||
SECTION 2. Chapter 159, Occupations Code, is amended by | ||
adding Section 159.011 to read as follows: | ||
Sec. 159.011. NOTICE TO PATIENT OF PHYSICIAN DEPARTING | ||
MEDICAL PRACTICE. (a) The board by rule shall require that a | ||
physician notify the physician's patients before retiring from, | ||
terminating employment with, or otherwise leaving a medical | ||
practice and provide the patients the opportunity to request copies | ||
of billing or medical records under Section 159.006. | ||
(b) The requirements of Subsection (a) may not be waived, | ||
voided, or nullified by contract. | ||
SECTION 3. Section 159.006, Occupations Code, as amended by | ||
this Act, and Section 159.011, Occupations Code, as added by this | ||
Act, apply only to a contract entered into or renewed on or after | ||
the effective date of this Act. A contract entered into or renewed | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the contract was entered into or renewed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. |