BG H.B. 3514 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 3514
By: Goolsby
4-16-97
Committee Report (Substituted)



BACKGROUND 

Currently, there are no set guidelines as to how patients may obtain their
medical records upon the absence or death of their physician. Standards
are ambiguous regarding protocols that may be used in cases where the
physician lacks a partner or other colleague to resume the details of
his/her practice.    

PURPOSE

CSHB 3514 provides conditions by which the Texas Medical Examiners Board
may appoint a custodian of the physician's medical records so that
patients may obtain them without confusion. The release of the medical
records will comply with existing provisions, and the custodian may charge
a fee for the records. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas Medical Examiners Board in SECTION 1(
Article 4495b, Subsection (q), Vernon's Texas Civil Statutes). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.08, the Medical Practices Act (Article 4495b,
Vernon's Texas Civil Statues) as follows: 

Subsection (k)(1) makes a conforming change.

Subsection (k)(2) is added to require the requested physician to furnish a
copy of the complete medical records as specified upon receipt of a
written request as specified, notwithstanding subsection (j). Establishes
that the duty to provide medical records to a subsequent or consulting
physician may not be nullified by contract.  

Subsection (k)(3) is added to require a physician to provide the
information requested by the 15th business day after receipt of the
written consent for release as specified. Omits language concerning the
information being furnished within 30 days.  

Subsection (q) is added to require the board, by rule, to establish
conditions under which the board may temporarily or permanently appoint a
person or an entity to become custodian of a physician's medical records.
Requires the board to consider the death of the physician, the mental or
physical incapacitation of the physician, or the abandonment of medical
files. Establishes that the rules must provide for the release of the
medical records by an appointed custodian, as specified, and for a fee by
the appointed custodian as specified. 

SECTION 2.  Establishes that this Act become effective January 1, 1998.

SECTION 3.   Emergency Clause.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute makes nonsubstantive changes in language and
format as recommended by the Legislative Council. Also, CSHB 3514
establishes that both SECTION 1 and SECTION 2 become effective on January
1, 1998 whereas the effective date section in the original bill only
addressed SECTION 1.