Patient Access to Medical Records
Practitioners and their facility managers must publicly share specific instructions for patients or their guardians to access their medical records.
Persons responsible for compliance under this rule must prominently post on any related website and at any facility detailed instructions for a client to request the client’s health care records from the practitioner or facility;
The notice must contain the following wording:
Texas law provides certain rights regarding privacy of and access to health care records (Texas Health & Safety Code, Chapter 181, Medical Records Privacy). To file a consumer complaint alleging a violation of your privacy rights regarding protected health information, contact the Texas Office of the Attorney General, Consumer Protection Division.
Report suspected violations of statutes or rules enforced by the Texas Department of Licensing and Regulation by contacting the Department or calling (800) 803-9202.
Who does this apply to?
- Any practitioner, with respect to a website that advertises the practitioner’s services;
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Any practitioner with management authority, with respect to:
- a website that advertises the services of a facility; and
- the signage at a facility; and
- Any licensed or accredited facility, with respect to a website that advertises the services of the facility and to the signage at the facility.
Key Terms:
“Practitioner” means a person who holds or is required to hold a license in an occupation to which this subchapter applies.
“Facility” means a physical location at which patients receive care from or conduct related business with a practitioner, regardless of whether the facility is itself required to be licensed, registered, or accredited by the Department.
“Licensed or Accredited Facility” means a facility that is required to hold a license, registration, or accreditation issued by the Department.