(a) All practitioners must make, maintain, and keep accurate records of the diagnosis made and the treatment performed for and upon each of the practitioner's patients for reference and for protection of the patient for at least five years following the completion of treatment.(b) The records of the identity, diagnosis, evaluation, or treatment of a patient by a practitioner that are created or maintained by a practitioner are the property of the practitioner.(c) A practitioner must furnish copies, a summary, or a narrative of the medical records pursuant to a written request by: (2) a parent or legal guardian if the patient is aminor;(3) a legal guardian if the patient has been adjudicated incompetent to manage his or her personal affairs;(4) an attorney ad litem appointed for the patient; or(5) a personal representative if the patient is deceased, except if the practitioner determines that access to the information would be harmful to the physical, mental, or emotional health of the patient. The practitioner must delete confidential information about another patient or family member of the patient who has not consented to the release.(d) The requested copies of medical records or a summary or narrative of the records must be furnished by the practitioner within thirty (30) days after the date of the request and reasonable fees for furnishing the information shall be paid by the patient or someone on behalf of the patient.(e) As referenced in subsection (c), if the practitioner denies the request for copies of medical records or a summary or narrative of the records, either in whole or in part, the practitioner must furnish the patient a written statement, signed and dated, stating the reason for the denial, and a copy of the statement denying the request must be placed in the patient's medical records.(f) The practitioner is entitled to a reasonable fee for providing the requested information. In addition, a reasonable fee may include actual costs for mailing, shipping, or delivery of the records and x-rays.(g) A practitioner is entitled to payment of a reasonable fee prior to releasing a requested copy, summary, or narrative of medical records. A practitioner may retain the requested information until payment is received but must notify the requesting party, in writing and within ten calendar days of receiving the request, of the need for payment. (1) A copy of the letter regarding the need for payment shall be made part of the patient's medical record. Medical records requested pursuant to a proper request for release may not be withheld from the patient, the patient's authorized agency, or the patient's designated recipient for such records based on a past due account for medical care or treatment previously rendered to the patient.(2) A practitioner is not entitled to payment of a reasonable fee when the information is requested for purposes of emergency or acute medical care by a health care provider licensed by any state, territory, or insular possession of the United States or any State or Province of Canada.(h) A subpoena is not required for the release of medical records requested pursuant to a proper release for records under this section made by a patient or by the patient's guardian or other representative duly authorized to obtain such records.(i) A practitioner is only required to provide copies of billing records pertaining to medical treatment of a patient when specifically requested in a proper request for release of medical records.(j) The allowable charges as set forth in this chapter shall be maximum amounts, and this chapter shall be construed and applied to be consistent with lower fees or the prohibition or absence of such fees as required by state statute or prevailing federal law.16 Tex. Admin. Code § 130.54
The provisions of this §130.54 adopted to be effective July 5, 2006, 31 TexReg 5292; Transferred from Title 22 Chapter 376 by Texas Register, Volume 42, Number 33, August 18, 2017, TexReg 4145, eff. 9/1/2017; Amended by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6959, eff. 11/1/2018; Amended by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9546, eff. 12/1/2024