SRC-PNG H.B. 2455 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2455
76R8600 KLA-DBy: Edwards (Ellis)
Jurisprudence
5/13/1999
Engrossed


DIGEST 

It may be difficult for a nonparent, a licensed child placement agency, or
another authorized agency to obtain access to a child's medical records
when the child is under the care of that person or agency, even if that
person or entity has been appointed as managing conservator or joint
managing conservator of the child.  H.B. 2455 authorizes a nonparent,
licensed child-placing agency, or other agency appointed as managing
conservator of a child to have access to the medical records of the child.
This bill also allows a nonparent, joint managing conservator access to a
child's medical records, unless limited by court order or other provisions
of Chapter 153, Family Code (Conservatorship, Possession, and Access). 

PURPOSE

As proposed, H.B. 2455 authorizes a nonparent, licensed child-placing
agency, or other agency appointed as managing conservator, or a  nonparent
joint managing conservator of a child to have access to the medical records
of the child. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 153.371, Family Code, to provide that a
nonparent, licensed child placing agency, or authorized agency appointed as
a managing conservator of a child, have access to the child's medical
records.  

SECTION 2.  Amends Chapter 153G, Family Code, by adding Section 153.3721,
as follows:  

Sec. 153.3721. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING
CONSERVATOR. Provides that a nonparent managing joint conservator has the
right of access to a child's medical records without regard to whether the
right is specified in an order, unless limited by court order or other
provisions of this chapter.  

SECTION 3.  (a) Effective date: September 1, 1999. 

(b) Provides that this Act entitles a person to access to medical records
regardless of when the records were made.  

SECTION 4.  Emergency clause.