Bill Text: TX HB531 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the retention by hospitals and physicians of certain medical records of a sexual assault victim.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [HB531 Detail]
Download: Texas-2019-HB531-Enrolled.html
| H.B. No. 531 | ||
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| relating to the retention by hospitals and physicians of certain | ||
| medical records of a sexual assault victim. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 241, Health and Safety | ||
| Code, is amended by adding Section 241.1031 to read as follows: | ||
| Sec. 241.1031. PRESERVATION OF RECORD FROM FORENSIC MEDICAL | ||
| EXAMINATION. (a) A hospital may not destroy a medical record from | ||
| the forensic medical examination of a sexual assault victim | ||
| conducted under Article 56.06 or 56.065, Code of Criminal | ||
| Procedure, until the 20th anniversary of the date the record was | ||
| created. | ||
| (b) A hospital may maintain a medical record described by | ||
| Subsection (a) in the same form in which the hospital maintains | ||
| other medical records. | ||
| 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 from the forensic | ||
| medical examination of a sexual assault victim conducted under | ||
| Article 56.06 or 56.065, Code of Criminal Procedure, until the 20th | ||
| anniversary of the date the record was created. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a medical record created on or after March 1, 2020. A medical | ||
| record created before March 1, 2020, is governed by the law in | ||
| effect on the date the record was created, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 531 was passed by the House on April | ||
| 17, 2019, by the following vote: Yeas 146, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 531 was passed by the Senate on May | ||
| 17, 2019, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
