Schoolcraft Bill Gives Health Care Professionals A Liability Shield

The text as introduced · 1,287 words

89R6117 EAS-D

By: Schoolcraft
H.B. No. 2264

A BILL TO BE ENTITLED

AN ACT

relating to information provided by friends and family for

inclusion into certain patients' medical records and to health care

professionals' duties when discharging certain patients from

inpatient care.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subtitle I, Title 2, Health and

Safety Code, is amended to read as follows:

SUBTITLE I. MEDICAL RECORDS ; DUTIES ON DISCHARGE OF CERTAIN

PATIENTS

SECTION 2. Subtitle I, Title 2, Health and Safety Code, is

amended by adding Chapters 183 and 184 to read as follows:

CHAPTER 183. FRIENDS AND FAMILY FORM FOR CERTAIN HEALTH CARE

SERVICES

Sec. 183.001. DEFINITIONS. In this chapter:

(1) "Friends and family form" means a form for

individuals who have a close, personal interest in a patient's

well-being to provide health or background information about the

patient to a health care professional to assist the professional in

providing mental health, behavioral health, or substance use

treatment to the patient.

(2) "Health care professional" means an individual who

is licensed, certified, or otherwise authorized by this state's

laws to provide or render health care in the ordinary course of

business or practice of a profession.

Sec. 183.002. APPLICABILITY OF CHAPTER. This chapter

applies only in relation to the provision of mental health,

behavioral health, or substance use treatment to a patient.

Sec. 183.003. CONSTRUCTION OF CHAPTER. This chapter may

not be construed to modify or alter any generally accepted ethics,

standards, protocols, or laws governing health care professionals.

Sec. 183.004. COMMISSION DUTIES. (a) The commission

shall:

(1) develop a friends and family form; and

(2) post on the commission's Internet website:

(A) the form; and

(B) a web page for health care professionals and

friends and family members of patients that provides information on

available federal guidance resources addressing health information

privacy and other useful information as the commission determines

appropriate.

(b) The commission may notify interested persons of the

availability of the resources described by Subsection (a).

Sec. 183.005. CONTENT OF FRIENDS AND FAMILY FORM. (a) An

individual with a close, personal interest in the well-being of a

patient may provide on a friends and family form information

regarding a patient's:

(1) diagnosis;

(2) past hospitalizations;

(3) de-escalation techniques;

(4) current and past health care providers and contact

information for those providers;

(5) potential triggers;

(6) housing status;

(7) family history, relationships, and social

environment;

(8) current medical conditions; and

(9) current and past medications.

(b) The commission may include any other field on the

friends and family form the commission determines would assist a

health care professional in providing mental health, behavioral

health, or substance use treatment to a patient.

(c) The friends and family form must clearly state the

information provided on the form may become part of the patient's

medical record.

Sec. 183.006. PROVISION OF SUPPLEMENTAL INFORMATION. In

addition to information provided under a friends and family form,

an individual who has a close, personal interest in the well-being

of a patient may provide to a health care professional supplemental

information about the patient, including documents, records,

photos, testimonials, and other significant health-related

information.

Sec. 183.007. INFORMATION ACCURACY REQUIREMENTS. An

individual who provides information about a patient under this

chapter must ensure the information is accurate to the individual's

best knowledge.

Sec. 183.008. HEALTH CARE PROFESSIONAL DUTIES. (a) A

health care professional may accept information provided under this

chapter to supplement the patient's medical record:

(1) in writing or through e-mail; or

(2) subject to Subsection (b), verbally, including

through a voicemail message.

(b) A health care professional must establish a

documentation process for information provided verbally for

inclusion in the patient's medical record.

(c) A health care professional shall acknowledge receipt of

information provided under this chapter but is not required to

disclose any additional information.

(d) A health care professional may accept a wholly or partly

completed friends and family form.

(e) A health care professional may omit from the patient's

medical record information provided under this chapter if:

(1) the patient explicitly objects to the professional

receiving information from a specific person; or

(2) the professional does not consider the provided

information relevant to the patient's treatment.

Sec. 183.009. DISCLOSURE OF INFORMATION. (a) Except as

provided by Subsection (b), a health care professional may not

disclose information provided under this chapter to any other

person if the patient expressly prohibits disclosure.

(b) A health care professional may disclose information

provided under this chapter in accordance with a court order or

other law.

Sec. 183.010. LIMITED LIABILITY OF HEALTH CARE

PROFESSIONALS. A health care professional is not subject to any

civil, criminal, or administrative liability or professional

disciplinary action for an act or omission in response to

information provided under this chapter.

CHAPTER 184. DUTIES ON DISCHARGE FROM INPATIENT TREATMENT

Sec. 184.001. DEFINITIONS. In this chapter:

(1) "Health care professional" means an individual who

is licensed, certified, or otherwise authorized by this state's

laws to provide or render health care in the ordinary course of

business or practice of a profession.

(2) "Inpatient care" includes a patient receiving

inpatient care:

(A) at a chemical dependency treatment facility

licensed under Chapter 464;

(B) voluntarily for mental health services under

Chapter 572; or

(C) as part of a court order for mental health

services under Chapter 574.

Sec. 184.002. DUTIES ON INPATIENT TREATMENT DISCHARGE. (a)

A health care professional responsible for discharging a patient

from inpatient care for mental health, behavioral health, or

substance use treatment in this state shall make a reasonable

effort to:

(1) provide a written or telephonic notice stating the

date and time the patient is scheduled to be discharged to any

health care professional who is providing mental health, behavioral

health, or substance use treatment to the patient unless the

patient objects;

(2) not later than 24 hours after the patient is

discharged, provide written or telephonic notice of the discharge

to any health care professional to whom the patient is referred for

follow-up care; and

(3) provide to the patient the educational documents

described by Section 184.003.

(b) The notice described by Subsection (a)(2) must include a

summary of the patient's medical history and any current mental

health, behavioral health, or substance use conditions the patient

is experiencing at the time of discharge. The discharging health

care professional must transmit the summary to the treating health

care professional not later than the date of the patient's first

follow-up appointment.

Sec. 184.003. EDUCATIONAL DOCUMENTS. (a) The commission

shall create and publish on the commission's Internet website

educational documents for a patient and the patient's family

members, caregivers, and friends that provide information on the

warning signs of self-harm and the importance of seeking treatment

after discharge from inpatient care.

(b) The educational documents must recommend the provision

of ongoing care to the patient and clarify that medical privacy laws

do not prevent a family member, friend, or other person from

communicating the patient's condition to a health care professional

providing treatment to the patient in accordance with Chapter 183.

SECTION 3. (a) Not later than December 1, 2025, the

executive commissioner of the Health and Human Services Commission

shall:

(1) develop the form required by Section 183.004(a),

Health and Safety Code, as added by this Act;

(2) develop the educational documents required by

Section 184.003, Health and Safety Code, as added by this Act; and

(3) adopt rules necessary to implement the changes in

law made by this Act.

(b) Chapters 183 and 184, Health and Safety Code, as added

by this Act, apply only to health care services provided on or after

December 1, 2025.

SECTION 4. This Act takes effect September 1, 2025.