SRC-CTC H.B. 964 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 964
77R263 GJH-DBy: Dunnam (Sponsor Unknown)
Business & Commerce
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the medical records of a deceased patient may only be released
with the written consent of a personal representative of the patient.  With
respect to probate, this provision is often being interpreted to mean a
duly appointed independent executor or administrator of the patient's
estate.  It is possible that this interpretation may be used to prevent the
family of a deceased patient from accessing the patient's records.  H.B.
964 authorizes the release of a deceased patient's medical records at the
consent of the patient's family. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 159.005(a), Occupations Code, to require a
consent for the release of confidential information to be in writing and
signed by a personal representative of the patient, including a
representative appointed by a court to represent the estate of the patient,
if the patient is deceased; a surviving spouse, parent, sibling, or adult
child of the patient, if the patient is deceased; or a person acting on
behalf of a surviving minor child of the patient, if the patient is
deceased, including a managing conservator or an attorney representing the
child. 

SECTION 2.  Effective date: September 1, 2001.