HBA-NMO H.B. 2633 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2633
By: Gray
Public Health
4/5/1999
Introduced


BACKGROUND AND PURPOSE 

Current law provides for the confidentiality of medical patient records,
but does not extend the same protection to dental patient records.  H.B.
2633 provides for the confidentiality of dental patient records, with
certain exceptions.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 9, Title 71, V.T.C.S. (Dental Practice Act),  by
adding Article 4549-3 to read as follows: 

ARTICLE 4549-3. CONFIDENTIALITY OF 
DENTAL PATIENT RECORDS

Sec. 1.  DEFINITION. Defines "dental record" as any record relating to the
history, diagnosis, treatment, or prognosis of a dental patient.  
 
Sec. 2.  SCOPE OF PRIVILEGE. (a)  Provides that a communication that
relates to or is in connection with professional services rendered as a
dentist, between a dentist and a patient, is confidential and privileged
and prohibits it from being disclosed, except as provided by this article.  
 
(b)  Provides that records of the identity, diagnosis, evaluation, or
treatment of a patient by a dentist that are created or maintained by a
dentist are confidential and privileged and prohibits them from being
disclosed, except as provided by this article.  
 
(c)  Prohibits a person who receives information from confidential
communications or dental records, other than a person listed under Section
5 or 6 of this article who is acting on a patient's behalf, from disclosing
the information except to the extent that disclosure is consistent with the
authorized purposes for which the information was first obtained.  
 
(d)  Provides that the prohibitions of this section continue to apply to
confidential communications or records concerning a patient irrespective of
when the patient received the services of a dentist.  
 
Sec. 3.  CLAIM OF PRIVILEGE. Authorizes claim of the privilege of
confidentiality under this article by the patient or by a dentist acting on
the patient's behalf.  Authorizes a dentist to claim the privilege of
confidentiality only on behalf of the patient. Provides that the authority
to claim the privilege is presumed in the absence of evidence to the
contrary.  
 
Sec. 4.  EXCEPTIONS.  Provides that an exception to the confidentiality and
privilege requirements under this article exists in certain respective
conditions in a court or administrative proceeding; a civil litigation or
administrative proceeding; a disciplinary investigation or proceeding
against a dentist; criminal investigation of or criminal proceeding against
a dentist; and a criminal prosecution in which the patient is a victim,
witness, or defendant. 
   
Sec. 5. DISCLOSURE OF OTHERWISE CONFIDENTIAL INFORMATION. (a)  Provides
that an exception to the confidentiality or privilege requirements of this
article exists only for,  and authorizes a dentist, in circumstance other
than those described by Section 4, to disclose confidential information
only to a governmental agency, under certain circumstances; medical or law
enforcement personnel, under certain circumstances; qualified personnel for
the purpose of management audits, financial audits, program evaluations, or
research; a person who presents the written consent of the patient or
another person authorized to act on the patient's behalf for the release of
confidential information, as provided by Section 6 of this article; an
individual, corporation, or governmental entity involved in the payment or
collection of fees for services rendered by a dentist; or another dentist
and persons under the direction of the dentist who are participating in the
diagnosis, evaluation, or treatment of the patient.  
 
(b)  Prohibits qualified personnel who for receive information the purpose
of management audits, financial audits, program evaluations, or research
from identifying a patient, directly or indirectly, in any report of the
research, audit, or evaluation or otherwise disclose a patient's identity.  
 
(c)  Authorizes the disclosure of records reflecting charges and specific
services rendered only when necessary in the collection of fees for
services provided by a dentist, professional association, or other entity
qualified to render or arrange for services. 
 
(d)  Authorizes the disclosure of  information otherwise confidential under
this article in an official legislative inquiry regarding a state hospital
or state school.  Prohibits, however, the release of information or records
that identify a patient or client for any purposes unless the patient gives
proper consent to the release.  Provides that this subsection applies only
to records created by the state hospital, state school, or an employee of
the state hospital or state school.  
 
Sec. 6.  CONSENT. (a) Provides that consent for the release of confidential
information must be made in writing and signed by the patient, a parent or
legal guardian if the patient is a minor; a legal guardian if the patient
has been adjudicated incompetent to manage the patient's personal affairs;
an attorney ad litem appointed for the patient, or a personal
representative if the patient is deceased.  
 
(b)  The written consent required under this section must specify the
information and records to be covered by the release, the reasons or
purposes for the release; and the person to whom the information is to be
released. 
 
(c)  Provides that the patient or other person authorized to consent has
the right to withdraw the consent to the release of any information.
Provides that withdrawal of consent does not affect information disclosed
before the written notice of the withdrawal.  
 
Sec. 7.  FURNISHING INFORMATION.  Authorizes a person who receives
information made confidential by this article to disclose the information
to others only to the extent consistent with the authorized purposes for
which consent to release the information was obtained.  
 
Sec. 8.  SUBSEQUENT DISCLOSURE. Requires a dentist to furnish copies of
dental records requested or a summary or narrative of the records under a
written consent for release of the information as provided by Section 6 of
this article unless the dentist determines that access to the information
would be harmful to the physical, mental, or emotional health of the
patient.  Authorizes the dentist to delete confidential information about
another person who has not consented to the release.  Requires that the
information  be furnished by the dentist within a reasonable period of
time, and requires that reasonable fees for furnishing the information be
paid by the patient or another person acting on the patient's behalf.  
 
Sec. 9. Emergency clause.
  Effective date: upon passage.