SRC-JXG S.B. 407 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 407
76R5492 SMH-DBy: Duncan
Health Services
3/5/1999
As Filed


DIGEST 

Currently, Texas law authorizes a physician to charge a reasonable fee for
copying a patient's medical records and the physician is not required to
permit examination or copying until the fee is paid, unless there is a
medical emergency. The Texas State Board of Medical Examiners is required
to prescribe what constitutes a reasonable fee. This bill would prohibit a
physician from charging a patient a fee for copying a patient's medical
records if the number of pages copied does not exceed 10 pages. 

PURPOSE

As proposed, S.B. 407 prohibits a physician from charging a fee for copying
a patient's medical records if the number of pages copied does not exceed
10 pages. 

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 5.08(o), Article 4495b, V.T.C.S. (Medical
Practice Act), to provide that except as otherwise provided by this
subsection, a physician may charge a reasonable fee for copying medical
records. Prohibits a physician from charging a patient a fee for copying a
patient's medical records if the number of pages copied does not exceed 10
pages. Makes a nonsubstantive change. 

SECTION 2. Emergency clause.
           Effective date: upon passage.