HBA-MPM, DMD H.B. 27 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 27 By: Goolsby Public Health 6/7/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislative Session, there were no guidelines specifying how patients could obtain their medical records upon their physician's absence or death. H.B. 27 provides conditions by which the Texas State Board of Medical Examiners is authorized to appoint a custodian of the physician's medical records so that patients can obtain their 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, Article 4495b, V.T.C.S., (Medical Practice Act), by amending Subsection (k) and adding Subsection (q) as follows: ( k ) R e q u i r e s t h e p h y s i c i a n , u p o n w r i t t e n r e q u e s t b y a s u b s e q u e n t o r c o n s u l t i n g p h y s i c i a n o f a p a t i e n t o f t h e r e q u e s t e d p h y s i c i a n , t o f u r n i s h a c o p y o f t h e p a t i e n t 's c o m p l e t e m e d i c a l r e c o r d s t o t h e s u b s e q u e n t o r c o n s u l t i n g p h y s i c i a n , i n a c c o r d a n c e w i t h t h i s s e c t i o n . P r o h i b i t s n u l l i f i c a t i o n b y c o n t r a c t o f t h e d u t y t o p r o v i d e m e d i c a l r e c o r d s t o a s u b s e q u e n t o r c o n s u l t i n g p h y s i c i a n . R e q u i r e s a p h y s i c i a n t o p r o v i d e t h i s i n f o r m a t i o n n o l a t e r t h a n t h e 1 5 t h b u s i n e s s d a y , r a t h e r t h a n t h e 3 0 t h b u s i n e s s d a y , a f t e r r e c e i p t o f t h e w r i t t e n c o n s e n t f o r r e l e a s e o f a p a t i e n t 's m e d i c a l r e c o r d s a s r e q u e s t e d u n d e r t h i s s e c t i o n . (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 these rules, to consider the death of, mental or physical incapacitation of, 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 this section. SECTION 2. Effective date: January 1, 2000. SECTION 3. Emergency clause.