I 
111TH CONGRESS 
1ST SESSION H. R. 2630 
To protect the privacy of patients and physicians. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2009 
Mr. PAUL introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To protect the privacy of patients and physicians. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect Patients and 
Physicians Privacy Act’’. 
SEC. 2. PATIENT RIGHT TO OPT OUT OF ELECTRONIC 
HEALTH RECORDS SYSTEM. 
All individuals shall have the ability to opt out of any 
Federally mandated, created, or funded electronic system 
for maintaining health care information. 
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SEC. 3. REPEAL OF STANDARD UNIQUE HEALTH IDENTI-
FIERS. 
(a) IN GENERAL.— 
(1) Section 1173 of the Social Security Act (42 
U.S.C. 1320d–2) is amended by striking subsection 
(b). 
(2) Section 1177(a) of such Act (42 U.S.C. 
1320d–6(a)) is amended by striking paragraph (1). 
(b) PROHIBITION OF FEDERAL EXPENDITURES.—No 
Federal funds shall be used to support, encourage, or oth-
erwise promote the use of standard unique health identi-
fiers (such as those described in section 1173(b) of the 
Social Security Act, before the amendment made by sub-
section (a)(1)) in any Federal, State, or private health 
care plan. 
SEC. 4. REQUIREMENT OF INFORMED CONSENT FOR SHAR-
ING INFORMATION FROM ELECTRONIC MED-
ICAL RECORDS. 
(a) LIMITATION ON SHARING INFORMATION FROM 
EMRS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), no information from any electronic med-
ical record maintained by a health care provider and 
created pursuant to a Federally mandated, created, 
or funded program may be shared with another 
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health care provider absent a signed, informed con-
sent from the patient involved. 
(2) EXCEPTION
FOR
EMERGENCIES.—Para-
graph (1) shall not apply in a medical emergency. 
(b) LIMITATION ON MERGER OF INFORMATION.—No 
health care information from an individual medical record 
shall be placed in a Federally mandated, created, or fund-
ed electronic system of health care information, absent a 
signed, informed consent from the patient involved. 
(c) DEFINITIONS.—In this subsection: 
(1) INFORMED CONSENT.—The term ‘‘informed 
consent’’ means, with respect to the sharing of infor-
mation concerning a patient, a written document 
certifying that the patient gives permission to such 
sharing of information. 
(2) MEDICAL EMERGENCY.—The term ‘‘medical 
emergency’’ means any situation where the failure to 
provide immediate medical treatment or assistance 
could result in serious injury, loss of life, or both. 
SEC. 5. PROVIDER FREEDOM FROM REQUIRED PARTICIPA-
TION IN AN ELECTRONIC HEALTH CARE 
RECORDS PROGRAM. 
(a) IN GENERAL.—The Federal Government may not 
require a health care provider to participate in any Feder-
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