HBA-LCA H.B. 2455 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2455
By: Edwards
Juvenile Justice & Family Issues
4/5/1999
Introduced



BACKGROUND AND PURPOSE

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).   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

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

SECTION 2.  Amends Subchapter G, Chapter 153, 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.