SRC-JXG H.B. 27 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 27
By: Goolsby (Jackson)
Health Services
5/13/1999
Engrossed


DIGEST 

Currently, there  are no guidelines specifying how patients could obtain
their medical records upon their physician's absence or death.  H.B. 27
would authorize the Texas State Board of Medical Examiners to appoint a
custodian to access a physician's medical records, so the patient could
obtain their own medical records upon the absence or death of their
physician.  

PURPOSE

As proposed, H.B. 27 set forth provisions regarding a patient obtaining
their medical records from an appointed custodian upon the absence or death
of their physician.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Board of Medical
Examiners in SECTION 1 (Section 5.08(q), Article 4495b, V.T.C.S., Medical
Practice Act) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5.08, Article 4495b, V.T.C.S. (Medical Practice
Act), by amending Subsection (k) and by adding Subsection (q), as follows: 

(k) Requires the requested physician to furnish a copy of the complete
medical records of the patient to the subsequent or consulting physician,
in accordance with Subsection (j) of this section, on receipt of a written
request by a subsequent or consulting physician of a patient of the
requested physician.  Requires a physician to provide the information
requested under this subsection no later than the 15th business day after
the date of receipt of the written consent for release under Subdivision
(1) of this subsection or the written request under Subdivision (2) of this
subsection. Deletes text requiring information to be furnished by the
physician within 30 days after the date of receipt of the request. Makes
conforming changes. 

(q) Authorizes the Texas State Board of Medical Examiners (board), by rule,
to establish conditions under which the board may temporarily or
permanently appoint a person or entity as a custodian of a physician's
medical records.  Requires the board to consider the death of a physician,
the mental or physical incapacitation of a physician, and the abandonment
of medical records by a  physician, in adopting rules under this
subsection.  Requires the rules adopted under this subsection to provide
for the release of the medical records by an appointed custodian in
compliance with this section, and a fee charged by the appointed custodian
that is in addition to the copying fee governed by Subsections (o) and (p)
of this section.  

SECTION 2. Effective date: January 1, 2000.

SECTION 3. Emergency clause.