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.