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.