(a) The board by rule shall establish conditions under which the board may temporarily or permanently appoint a person as a custodian of a physician's billing or medical records. In adopting rules under this section, the board shall consider the death of a physician, the mental or physical incapacitation of a physician, and the abandonment of billing or medical records by a physician.
(b) The rules adopted under this section must provide for:
(1) the release of the billing or medical records by an appointed custodian in compliance with this chapter; and
(2) a fee charged by the appointed custodian that is in addition to the copying fee governed by Section 159.008.