BILL ANALYSIS C.S.H.B. 76 By: Munoz 04-11-95 Committee Report (Substituted) BACKGROUND An additional function of Missing Person Clearinghouse (MPCH) is to also be a central repository of information on unidentified living/deceased in Texas. The MPCH cross checks and attempts to match unidentified bodies with missing persons. Many resources are useful in the process, two of which are dental records and medical records. The release of dental records is addressed in Chapter 79, Human Resources Code but the release of medical records is not addressed. PURPOSE This legislation is intended to grant an officer the ability to obtain certain medical records on persons reported missing. This would greatly enhance the chances of matching them with an unidentified deceased. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 79, Human Resources Code, by adding Section 79.0065 as follows: Sec. 79.0065. RELEASE OF MEDICAL RECORDS. (a) Requires a medical release form to be given to a parent, spouse, adult child, or legal guardian at the time a report is made for a missing person. Provides that the form, when completed pursuant to this section, is sufficient to permit any physician, health care facility, or other licensed health care provider to release certain records and information concerning the person reported missing. Authorizes the release of medical records of a missing child only if the medical record release form is signed by a parent or legal guardian. (b) Requires the officer taking a report of an adult missing person to complete a medical release form which states there is reason to believe that the person has not voluntarily relocated. Lists persons who may sign a valid release form. (c) Establishes procedures for using records obtained under this section. (d) Authorizes the judge of any court of record to release medical records of a missing person upon showing of good cause. (e) Grants immunity from civil or criminal liability to a person who releases a record under this section. SECTION 2. Emergency clause. COMPARISON OF SUBSTITUTE TO ORIGINAL CSHB 76 adds language to include a missing adult to provisions relating to missing person reports and to require a law enforcement officer to complete and obtain proper signatures on a medical release form. CSHB 76 authorizes "other licensed health care providers" to release specified information to a law enforcement officer presenting a medical release form. CSHB 76 specifies that information contained in medical records obtained under this section may not be disclosed and may be used only for locating the missing person. SUMMARY OF COMMITTEE ACTION HB 76 was considered in a public hearing on 8 February 1995. The following person testified neutrally on the bill: Deanna Tidwell, Texas Department of Public Safety, Missing Persons Clearinghouse. The bill was referred to a subcommittee composed of De La Garza, Naishtat and Van de Putte, Chair. On 27 March 1995, the Subcommittee on HB 76 met in a formal meeting. The subcommittee considered a complete substitute for the bill which was adopted without objection. The subcommittee voted to report HB 76 favorably as substituted to the full committee by a record vote of 3 ayes, 0 nays, 0 pnv, 0 absent. HB 76 was considered on subcommittee report by the committee in a public hearing on 29 March 1995. The full committee adopted the substitute without objection and reported HB 76 favorably as substituted with the recommendation that it do pass and be printed by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.