BILL ANALYSIS
H.B. 76
By: Munoz (Zaffirini)
Health and Human Services
5-23-95
Senate Committee Report (Unamended)
BACKGROUND
The missing person clearinghouse is a central depository for
information on unidentified living and deceased persons in Texas.
The clearinghouse cross checks and attempts to match unidentified
bodies with missing persons. Chapter 79, Human Resources Code,
addresses the release of dental records, but not the release of
medical records for use in identification.
PURPOSE
As proposed, H.B. 76 grants certain law enforcement officers the
ability to obtain medical records for persons reported missing.
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 the
law enforcement officer taking a report for a missing child or
adult, at the time the report is made, to give a medical
release form to the parent, spouse, adult child, or legal
guardian who is making the report. Requires the officer
receiving the report to endorse the form with the notation
that a missing child or missing adult report has been made in
compliance with this chapter. Provides that, when the form is
properly completed by the parent, spouse, adult child, or
legal guardian, and contains the endorsement, the form is
sufficient to permit any physician, health care facility, or
other licensed health care provider in this state to release
to the law enforcement officer presenting the release dental
records, blood type, height, weight, X rays, and information
regarding scars, allergies, or any unusual illnesses suffered
by the person who is reported missing. Authorizes a medical
record of a missing child to be released only if the medical
record release form is signed by a parent or legal guardian,
except as provided by Subsection (d).
(b) Requires the law enforcement officer taking a report for
an adult missing child, at any time the report is made, to
complete a medical release form that states that the person
is missing and that there is reason to believe that the
person has not voluntarily relocated or removed himself or
herself from communications with others. Provides that a
release under this subsection is not valid unless signed by
a certain person.
(c) Requires a law enforcement officer who obtains medical
records under this section to send a copy of the records to
the missing persons clearinghouse (clearinghouse).
Prohibits a law enforcement officer who obtains records
under this section, a law enforcement agency using the
records, and the clearinghouse from disclosing the
information contain in or obtained through the medical
records, unless permitted by law. Authorizes information
contained in or obtained through medical records to be used
only for purposes directly related to locating the missing
person.
(d) Authorizes the judge of any court of this state to, for
good cause shown, authorize the release of pertinent medical
records of a missing child or adult.
(e) Provides that a physician, health care facility, or
other licensed health care provider releasing a medical
record to a person presenting a proper release executed or
ordered under this section is immune from civil liability or
criminal prosecution for the release of the record.
SECTION 2. Emergency clause.
Effective date: upon passage.