FORTY-EIGHTH LEGISLATURE

SECOND SPECIAL SESSION

August 17, 2008

SENATE FLOOR AMENDMENT number ___1__ to HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE BILL 5, as amended

Amendment sponsored by Senator Steve Komadina

    1. On page 9, between lines 22 and 23, insert the following new section:

    "Section 10. HEALTH CARE REPRESENTATIVES.--A provider, health care institution, health information exchange or health care group purchaser is not subject to regulatory or disciplinary actions or civil liability for:

         A. complying with a request or authorization made by a person having apparent authority to exercise the rights and powers of an individual pursuant to the Electronic Medical Records Act; or

         B. declining to comply with a request or authorization made by a person based on a reasonable belief that the person lacked authority to exercise the rights and powers of an individual pursuant to the Electronic Medical Records Act.".

                                         ___________________________

                                         Steve Komadina

Adopted ___________________ Not Adopted ___________________________

          (Chief Clerk)                   (Chief Clerk)

                  Date ________________