Bill Text: TX HB1779 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the disclosure in certain judicial proceedings of confidential communications between a physician and a patient and confidential patient records.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB1779 Detail]
Download: Texas-2015-HB1779-Enrolled.html
H.B. No. 1779 |
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relating to the disclosure in certain judicial proceedings of | ||
confidential communications between a physician and a patient and | ||
confidential patient records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 159.002, Occupations Code, is amended by | ||
adding Subsections (f) and (g) to read as follows: | ||
(f) Notwithstanding any other provision of this chapter | ||
other than Sections 159.003(a)(10) and (c), a communication or | ||
record that is otherwise confidential and privileged under this | ||
section may be disclosed or released by a physician without the | ||
patient's authorization or consent if the disclosure or release is | ||
related to a judicial proceeding in which the patient is a party and | ||
the disclosure or release is requested under a subpoena issued | ||
under: | ||
(1) the Texas Rules of Civil Procedure; | ||
(2) the Code of Criminal Procedure; or | ||
(3) Chapter 121, Civil Practice and Remedies Code. | ||
(g) Subsection (f) does not prevent a physician from | ||
claiming, or otherwise limit the authority of a physician to claim, | ||
the privilege of confidentiality on behalf of a patient. | ||
SECTION 2. Section 159.003(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) 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 [ |
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SECTION 3. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1779 was passed by the House on May 5, | ||
2015, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1779 on May 23, 2015, by the following vote: Yeas 129, Nays 0, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1779 was passed by the Senate, with | ||
amendments, on May 22, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |