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.