1-1 By: Munoz (Senate Sponsor - Zaffirini) H.B. No. 76
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 16, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 19, 1995, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; May 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the release of certain medical records of missing
1-9 persons.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 79, Human Resources Code, is amended by
1-12 adding Section 79.0065 to read as follows:
1-13 Sec. 79.0065. RELEASE OF MEDICAL RECORDS. (a) At the time
1-14 a report is made for a missing child or adult, the law enforcement
1-15 officer taking the report shall give a medical record release form
1-16 to the parent, spouse, adult child, or legal guardian who is making
1-17 the report. The officer receiving the report shall endorse the
1-18 form with the notation that a missing child or missing adult report
1-19 has been made in compliance with this chapter. When the form is
1-20 properly completed by the parent, spouse, adult child, or legal
1-21 guardian, and contains the endorsement, the form is sufficient to
1-22 permit any physician, health care facility, or other licensed
1-23 health care provider in this state to release to the law
1-24 enforcement officer presenting the release dental records, blood
1-25 type, height, weight, X rays, and information regarding scars,
1-26 allergies, or any unusual illnesses suffered by the person who is
1-27 reported missing. Except as provided by Subsection (d), a medical
1-28 record of a missing child may be released only if the medical
1-29 record release form is signed by a parent or legal guardian.
1-30 (b) At any time a report is made for an adult missing
1-31 person, the law enforcement officer taking the report shall
1-32 complete a medical release form that states that the person is
1-33 missing and that there is reason to believe that the person has not
1-34 voluntarily relocated or removed himself or herself from
1-35 communications with others. A release under this subsection is not
1-36 valid unless it is signed by the adult missing person's:
1-37 (1) spouse;
1-38 (2) adult child who is reasonably available;
1-39 (3) parent; or
1-40 (4) legal guardian.
1-41 (c) A law enforcement officer who obtains medical records
1-42 under this section shall send a copy of the records to the
1-43 clearinghouse. A law enforcement officer who obtains records under
1-44 this section, a law enforcement agency using the records, and the
1-45 clearinghouse are prohibited from disclosing the information
1-46 contained in or obtained through the medical records unless
1-47 permitted by law. Information contained in or obtained through
1-48 medical records may be used only for purposes directly related to
1-49 locating the missing person.
1-50 (d) The judge of any court of record of this state may for
1-51 good cause shown authorize the release of pertinent medical records
1-52 of a missing child or missing adult.
1-53 (e) A physician, health care facility, or other licensed
1-54 health care provider releasing a medical record to a person
1-55 presenting a proper release executed or ordered under this section
1-56 is immune from civil liability or criminal prosecution for the
1-57 release of the record.
1-58 SECTION 2. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended,
1-63 and that this Act take effect and be in force from and after its
1-64 passage, and it is so enacted.
1-65 * * * * *