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.