Rule 80.3 – Repeal – Request for Information and Records from Licensees
Wednesday, September 17, 2014 10:59 AM

The following section would be repealed.  Different language to "replace it" has been proposed elsewhere.

(a) Request for chiropractic records. Upon request, a licensee shall furnish copies of chiropractic records or a summary or narrative of the records pursuant to a written consent for the release of the information or records. The requested information or record shall not be released if the licensee determines that access to the information would be harmful to the physical, mental, or emotional health of the patient. The licensee may delete from the requested records confidential information about another person who has not consented to release. For purposes of this chapter, "chiropractic records" means any records pertaining to the history, diagnosis, treatment or prognosis of the patient including records of other health care practitioners contained in the records of the licensee to whom a request for release of records has been made. "Patient" means any person who consults or is seen by a licensee for the purposes of receiving chiropractic care. 

(b) Written consent.

  (1) The written consent required by subsection (a) of this section shall be signed by:

    (A) the patient;

    (B) the patients' personal representative if the patient is deceased;

    (C) a parent or legal guardian if the patient is a minor;

    (D) a legal guardian if the patient has been adjudicated incompetent to manage his or her personal affairs; or

    (E) an attorney ad litem for the patient as authorized by law, including the Health and Safety Code, Title 7, Family Code, Chapter 11 or the Probate Code, Chapter 5.

  (2) The written consent shall contain the specific information or chiropractic records to be released under the consent; the reasons or purposes for the release; and the person to whom the information is to be released.

  (3) The patient, or other person authorized to consent, has the right to withdraw the consent to the release of any information. Withdrawal of consent does not affect any information disclosed prior to the written notice of the withdrawal. Any person who received information made confidential by the Chiropractic Act may disclose the information to others only to the extent consistent with the authorized purposes for which consent to release information was obtained.

(c) Reasonable time. A copy of chiropractic records or a summary or narrative of the records requested under subsection (a) of this section shall be furnished by the licensee within a reasonable time, not to exceed 15 business days from the date of the request.

(d) Denial of request. If the licensee denies the request under subsection (a) of this section for a copy of chiropractic records or a summary or narrative of the records, either in whole or in part, the licensee shall furnish the patient a written statement, signed and dated, stating the reason for the denial. Chiropractic records requested pursuant to subsection (a) of this section may not be withheld based on a past due account for care or treatment previously rendered to the patient or based on the lack of a letter of protection or other similar document.

(e) Fee for records. The licensee may charge a reasonable fee for furnishing the information requested under subsection (a) of this section, in accordance with the following provisions:

  (1) The fee shall be paid by the patient or someone else on the patient's behalf.

  (2) A licensee may require payment in advance except from another licensee or other health care provider, including a chiropractor licensed by any other state, territory, or insular possession of the United States or any state or province of Canada, if requested for purposes of emergency or acute medical care.

  (3) In the event payment is not received, within ten calendar days from notification of the charge, the licensee shall notify the requesting party in writing of the need for payment.

  (4) A reasonable fee for a paper copy shall be a charge not to exceed:

    (A) $30 for retrieval of records and processing the request, including copies for the first 10 pages;

    (B) $1.00 per page for pages 11-60;

    (C) $.50 per page for pages 61-400; and

    (D) $.25 per page for pages over 400;

  (5) A reasonable fee for copies of films or other static diagnostic imaging studies shall be a charge not to exceed $45 for retrieval and processing, including copies for the first 10 pages, and $1.00 for each additional page over 10.

  (6) Reasonable fees may also include actual costs for mailing, shipping or delivery.

  (7) A reasonable fee for completing and signing an affidavit or questionnaire certifying that the information provided is a true and current copy of the records may not exceed $15.

  (8) In addition to the fee contemplated in paragraph (7) of this subsection, reasonable fees may also include the actual costs paid by the licensee to a notary for notarizing an affidavit, questionnaire, or other document.

(f) Subpoena not required. A subpoena shall not be required for the release of chiropractic records requested pursuant to subsection (a) of this section.