MD, wrote in a letter to the House State Affairs Committee. TMA warned the measure could have
a chilling effect on physicians’ ability to use their best judgment in treating pregnant patients, resulting in access-to- care issues and potential risks for both the mother and the fetus. The associa- tion also worries the law is overly broad in that it requires physicians or other health care personnel to be available 24 hours a day, possibly indefinitely, to assist patients with pregnancy complica- tions and to provide potentially unprec- edented access to medical records. Opponents are expected to wage a
legal challenge. TMA does not plan to weigh in on
any lawsuit, but in addition to oppos- ing any legislation that interferes with the patient-physician relationship, the association continues to advocate that the legislature pursue strategies to help prevent unplanned pregnancies.
Under SB 1609:
New privacy law provisions in effect
Two new laws passed in the 2013 regu- lar session of the Texas Legislature help clarify some provisions of Texas’ medi- cal record privacy law, House Bill 300 by Rep. Lois Kolkhorst (R-Brenham), which was passed in 2011. Senate bills 1609 and 1610 by Sen.
Charles Schwertner, MD (R-George- town), and Representative Kolkhorst alter the privacy training requirements and breach notification requirements, re- spectively, in the original law. The Texas Medical Association and
the Texas Medical Liability Trust asked for the changes to reduce potential red- tape hassles for physician practices. The new provisions are now in effect.
• Practices have flexibility to determine the format of the privacy training re- quired by Texas law. There was some concern that the law’s prior language could have been interpreted to re- quire a more prescribed and formal program, such as attendance at a live- training seminar or webinar.
• New employees must be trained on state and federal law concerning protected health information (PHI) within 90 days of hire. The original law’s requirement was 60 days.
• If material change in state or federal law concerning PHI affects the duties of an employee, he or she must be trained within a reasonable period, but no later than one year after the date the change in law takes effect. The original law required retraining every two years for all employees regardless of whether there was any material change in law affecting the employees’ duties.
Texas Medical Board appearance?
Pending
When Unhappy Patients, Ad Problems or Competitor Accusations lead to a Texas Medical Board investigation, ISC hearing or SOAH trial, your choice of attorney could make the difference in your future.
• Practices must retain each employee’s signed verification-of-training state- ment for six years. Under HB 300, the timeline was unspecified and could have been interpreted as indefinitely.
SB 1610 amends the Texas law
that requires a physician to notify pa- tients when the security of their PHI is breached. The bill:
• Sets a single Texas standard for com- pliance with the breach notification law, regardless of the state of the pa- tient’s residency (instead of having to comply with the other state’s law to be compliant with Texas law).
Lead Counsel Gaines W ’s est
experience and tenacity backed by his firm’s depth-of-staff and range of talent can put justice on your side.
Paralegal & Former Nurse Polly Bowers
Medical Litigation
www.westwebblaw.com
46 TEXAS MEDICINE September 2013
Gaines West Lead Counsel
260 Addie Roy Rd., Suite 110 • Austin, TX 78746
1515 Emerald Plaza • College Station, TX 77845 Austin – 512.501.3617
Principal Office – 979.694.7000
• Allows physicians to send a written notice to a patient’s last known ad- dress (previously, the law didn’t spec- ify what address was acceptable). n
Amy Lynn Sorrel is an associate editor of Texas Medicine. You can reach her by telephone at (800) 880-1300, ext. 1392, or (512) 370-1392; by fax at (512) 370-1629; or by email at
amy.sorrel@
texmed.org.
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