HBA-DMD H.B. 27 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 27 By: Goolsby Public Health 3/3/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, there are no guidelines specifying how patients can obtain their medical records upon their physician's absence or death. H.B. 27 provides conditions by which the Texas Medical Examiners Board is authorized to appoint a custodian of the physician's medical records so that patients can obtain their own medical records. The release of the medical records will comply with existing provisions and the records custodian is authorized to charge a fee for the records. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Medical Examiners in SECTION 1 (Section 5.08, Article 4495b, V.T.C.S., (Medical Practice Act)) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5.08, Medical Practice Act (Article 4495b, V.T.C.S.), by amending Subsection (k) and by adding Subsection (q) as follows: (k)(1) Created from existing text. (2) Requires the physician, upon written request, to furnish a copy of the complete medical records of the patient to the subsequent or consulting physician. Prohibits nullification by contract of the duty of providing medical records to a subsequent or consulting physician. Requires the physician to release requested information not later than the 15th business day, rather than the 30th day after receipt of the written consent for release. (q) Requires 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, in adopting rules under this section, to consider the death, mental or physical incapacitation, and the abandonment of medical records by a physician. Specifies that the adopted rules must 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, 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. EXPLANATION OF AMENDMENTS Amendment #1 On page 1, line 17 of the bill (Section 5.08 (k)(2), Article 4495b, V.T.C.S.) strikes the word "Notwithstanding" and inserts the words "In accordance with."