S.B. No. 166
 
 
 
 
AN ACT
  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, urgent care facility, nursing home,
  home and community support services agency, and emergency medical
  services personnel as defined by Section 773.003, Health and Safety
  Code.
         SECTION 2.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 166 passed the Senate on
  March 13, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 8, 2013, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 166 passed the House, with
  amendment, on May 2, 2013, by the following vote: Yeas 147, Nays 0,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor