By Munoz                                                H.B. No. 76
       74R341 MLR-D
                                 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, the person to whom the report
    1-9  is given shall give or mail to the reporter a medical record
   1-10  release form if there is information contained in the medical
   1-11  record that may be helpful in locating the missing child.  The
   1-12  officer receiving the report shall endorse the form with the
   1-13  notation that a missing child report has been made in compliance
   1-14  with this chapter.  When the form is properly completed by the
   1-15  reporter, and contains the endorsement, the form is sufficient to
   1-16  permit any physician or health care facility in this state to
   1-17  release pertinent medical records relating to the child reported
   1-18  missing.
   1-19        (b)  At any time a report is made for a missing person, the
   1-20  law enforcement officer taking the report may complete a medical
   1-21  release form that states that the person is missing and that there
   1-22  is reason to believe that the person has not voluntarily relocated
   1-23  or removed himself or herself from communications with others and
   1-24  that authorizes the bearer of the release to obtain pertinent
    2-1  medical information records from any physician or health care
    2-2  facility in this state.
    2-3        (c)  Any person who obtains medical records through the use
    2-4  of the form authorized by this section shall send a copy of the
    2-5  records to the clearinghouse.
    2-6        (d)  The judge of any court of record of this state may for
    2-7  good cause shown authorize the release of pertinent medical records
    2-8  of a missing child or missing person.
    2-9        (e)  A physician or health care facility releasing a medical
   2-10  record to a person presenting a proper release executed or ordered
   2-11  under this section is immune from civil liability or criminal
   2-12  prosecution for the release of the record.
   2-13        SECTION 2.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and that this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.