H.B. No. 742




AN ACT

relating to updating citations to Chapter 74, Civil Practice and 
Remedies Code, in Chapter 159, Occupations Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 [4.01(e), Medical 
Liability and Insurance Improvement Act of Texas (Article 4590i, 
Vernon's Texas Civil Statutes)]; or
		(12)  to a court or a party to an action under a court 
order or court subpoena.
	SECTION 2.  This Act applies only to a request made on or 
after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 742 was passed by the House on March 
23, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 742 was passed by the Senate on May 
10, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor