SRC-JFA S.B. 1607 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1607
By: Moncrief
Health & Human Services
3-26-97
As Filed


DIGEST 

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 set forth guidelines for the
retention and disposal of such records under the Texas Medical Practice
Act.   

PURPOSE

As proposed, S.B. 1607 sets forth a duty to maintain medical records by a
license holder under the Medical Practice Act.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amend Subchapter E, Article 4495b, V.T.C.S. (Medical Practice
Act), by adding Section 5.085, as follows: 

Sec. 5.085.  DUTY TO MAINTAIN MEDICAL RECORDS.  Requires a license holder
to maintain all medical records and charts until the fifteenth anniversary
of the date of the last entry in the record or chart.  Prohibits a license
holder from being subject to disciplinary action for an act or failure to
act based on a medical record the license holder is not required to
maintain under this section.