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.