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.