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A BILL TO BE ENTITLED
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AN ACT
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relating to the use by certain health care providers of |
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electronically readable information from a driver's license or |
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personal identification certificate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 521.126, Transportation Code, is amended |
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by amending Subsections (i), (j), and (k) and adding Subsection (l) |
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to read as follows: |
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(i) The prohibition provided by Subsection (b) does not |
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apply to a health care provider or hospital that accesses, uses, |
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compiles, or maintains a database of the information to provide |
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health care services to the individual who holds the driver's |
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license, commercial driver's license, or personal identification |
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certificate. |
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(j) Except as otherwise provided by this subsection, a |
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health care provider or hospital may not sell, transfer, or |
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otherwise disseminate the information described by Subsection (i) |
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to a third party for any purpose, including any marketing, |
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advertising, or promotional activities. A health care provider or |
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hospital that obtains information described by Subsection (i) may |
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transfer the information only in accordance with the rules |
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implementing the federal Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191). A business |
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associate, and any subcontractor of the business associate who |
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receives the transferred information, may use the information only |
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to service or maintain the health care provider's or hospital's |
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database of the information. |
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(k) If an individual objects to the health care provider or |
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hospital collecting the individual's information from the |
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individual's driver's license as described by Subsection (i), the |
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health care provider or hospital must use an alternative method for |
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collecting the individual's information. |
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(l) In this section, "health care provider" means an |
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individual or facility licensed, certified, or otherwise |
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authorized by the law of this state to provide or administer health |
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care, for profit or otherwise, in the ordinary course of business or |
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professional practice, including a physician, nurse, dentist, |
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podiatrist, pharmacist, chiropractor, therapeutic optometrist, |
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ambulatory surgical center, and nursing home. |
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SECTION 2. This Act takes effect September 1, 2013. |