HBA-DMD H.B. 27 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 27
By: Goolsby
Public Health
2/5/1999
Introduced



BACKGROUND AND PURPOSE

Currently, there are no guidelines specifying how patients can obtain their
medical records upon their physician's absence or death.  H.B. 27 provides
conditions by which the Texas Medical Examiners Board is authorized to
appoint a custodian of the physician's medical records so that patients can
obtain their own medical records.  The release of the medical records will
comply with existing provisions and the records custodian is authorized to
charge a fee for the records.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Medical
Examiners in SECTION 1 [Section 5.08, Medical Practice Act, (Article 4495b,
Vernon's Texas Civil Statutes)] of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.08, Medical Practice Act (Article 4495b,
V.T.C.S.), by amending Subsection (k) and by adding Subsection (q) as
follows: 

 (k)(1) Created from existing text.  

    (2) Requires the physician, upon written request, to furnish a copy of
the complete              medical records of the patient to the subsequent
or consulting physician.  Prohibits             nullification by contract
of the duty of providing medical records to a subsequent or
consulting physician.  Requires the physician to release requested
information not later      than the 15th  business day, rather than the
30th day after receipt of the written consent      for release.   

(q) Requires the Texas State Board of Medical Examiners (board), by rule,
to establish conditions under which the board may temporarily or
permanently appoint a person or entity as a custodian of a physician's
medical records.  Requires the board, in adopting rules under this section,
to consider the death, mental or physical incapacitation, and the
abandonment of medical records by a physician.  Specifies that the adopted
rules must provide for the release of the medical records by an appointed
custodian in compliance with this section and a fee charged by the
appointed custodian, in addition to the copying fee governed by Subsections
(o) and (p) of this section. 

SECTION 2.  Effective date:  January 1, 2000.

SECTION 3.  Emergency clause.