BG S.B. 1607 75(R) BILL ANALYSIS PUBLIC HEALTH S.B. 1607 By: Moncrief (Berlanga) May 14, 1997 Committee Report (Unamended) BACKGROUND Currently, there is no requirement in either the Texas Medical Practice Act or the rules and regulations of the State Board of Medical Examiners that define the length of time during which a physician must maintain medical records. Doctors are uncertain as to when they may dispose of records, which records may be disposed of, and the proper procedure for disposal. The cost of maintaining large quantities of records is burdensome upon doctors. This bill would require the Texas Board of Medical Examiners to establish the length of time patient records must be maintained. PURPOSE S.B. 1607 requires the Texas Board of Medical Examiners to establish the length of time patient records must be maintained. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Board of Medical Examiners in SECTION 1 (Sec. 5.085, Subchapter E, Article 4495b, Vernon's Texas Civil Statutes) and SECTION 2 specifies that those rules must be adopted by January 1, 1998. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter E, Medical Practice Act (Article 4495b, Vernon's Texas Civil Statues), by adding Section 5.085, as follows: Sec. 5.085. RETENTION OF MEDICAL RECORDS. Requires the Texas Board of Medical Examiners (board), by rule, to establish the length of time patient records must be maintained. SECTION 2. Requires the board to adopt rules for the retention of medical records under Section 5.085, Article 4495b, V.T.C.S., as added by this Act, by January 1, 1998. SECTION 3. Emergency clause. Effective date: upon passage.