Texas Occupations Code 159.006 – Information Furnished by Physician
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(a) Unless the physician determines that access to the information would be harmful to the physical, mental, or emotional health of the patient, a physician who receives a written consent for release of information as provided by § 159.005 shall furnish copies of the requested billing or medical records, or a summary or narrative of the records, including records received from a physician or other health care provider involved in the care or treatment of the patient.
(b) The physician may delete confidential information about another patient or a family member of the patient who has not consented to the release.
Terms Used In Texas Occupations Code 159.006
- Contract: A legal written agreement that becomes binding when signed.
- Medical records: means all records relating to the history, diagnosis, treatment, or prognosis of a patient. See Texas Occupations Code 151.002
- Physician: means a person licensed to practice medicine in this state. See Texas Occupations Code 151.002
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) In accordance with § 159.005, on receipt of a written request by a subsequent or consulting physician of a patient of the requested physician, the requested physician shall furnish a copy of the complete billing or medical records of the patient to the subsequent or consulting physician. The duty to provide billing or medical records to a subsequent or consulting physician may not be nullified by contract.
(d) A physician shall provide the information requested under this section not later than the 15th business day after the date of receipt of the written consent for release under Subsection (a) or the written request under Subsection (c).
(e) If the physician denies the request, in whole or in part, the physician shall:
(1) furnish the patient with a written statement, signed and dated, providing the reason for the denial; and
(2) place a copy of the statement denying the request in the patient’s:
(A) billing records, if the request was for billing records; or
(B) medical records, if the request was for medical records.