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.