74R8929 MLR-F
          By Munoz                                                H.B. No. 76
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the release of certain medical records of missing
    1-3  persons.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 79, Human Resources Code, is amended by
    1-6  adding Section 79.0065 to read as follows:
    1-7        Sec. 79.0065.  RELEASE OF MEDICAL RECORDS.  (a)  At the time
    1-8  a report is made for a missing child or adult, the law enforcement
    1-9  officer taking the report shall give a medical record release form
   1-10  to the parent, spouse, adult child, or legal guardian who is making
   1-11  the report.  The officer receiving the report shall endorse the
   1-12  form with the notation that a missing child or missing adult report
   1-13  has been made in compliance with this chapter.  When the form is
   1-14  properly completed by the parent, spouse, adult child, or legal
   1-15  guardian, and contains the endorsement, the form is sufficient to
   1-16  permit any physician, health care facility, or other licensed
   1-17  health care provider in this state to release to the law
   1-18  enforcement officer presenting the release dental records, blood
   1-19  type, height, weight, X rays, and information regarding scars,
   1-20  allergies, or any unusual illnesses suffered by the person who is
   1-21  reported missing.  Except as provided by Subsection (d), a medical
   1-22  record of a missing child may be released only if the medical
   1-23  record release form is signed by a parent or legal guardian.
   1-24        (b)  At any time a report is made for an adult missing
    2-1  person, the law enforcement officer taking the report shall
    2-2  complete a medical release form that states that the person is
    2-3  missing and that there is reason to believe that the person has not
    2-4  voluntarily relocated or removed himself or herself from
    2-5  communications with others.  A release under this subsection is not
    2-6  valid unless it is signed by the adult missing person's:
    2-7              (1)  spouse;
    2-8              (2)  adult child who is reasonably available;
    2-9              (3)  parent; or
   2-10              (4)  legal guardian.
   2-11        (c)  A law enforcement officer who obtains medical records
   2-12  under this section shall send a copy of the records to the
   2-13  clearinghouse.  A law enforcement officer who obtains records under
   2-14  this section, a law enforcement agency using the records, and the
   2-15  clearinghouse are prohibited from disclosing the information
   2-16  contained in or obtained through the medical records unless
   2-17  permitted by law.  Information contained in or obtained through
   2-18  medical records may be used only for purposes directly related to
   2-19  locating the missing person.
   2-20        (d)  The judge of any court of record of this state may for
   2-21  good cause shown authorize the release of pertinent medical records
   2-22  of a missing child or missing adult.
   2-23        (e)  A physician, health care facility, or other licensed
   2-24  health care provider releasing a medical record to a person
   2-25  presenting a proper release executed or ordered under this section
   2-26  is immune from civil liability or criminal prosecution for the
   2-27  release of the record.
    3-1        SECTION 2.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended,
    3-6  and that this Act take effect and be in force from and after its
    3-7  passage, and it is so enacted.