By Van de Putte H.B. No. 1462
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disclosure of certain information about certain
1-3 patients of a physician.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 576.005, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 576.005. CONFIDENTIALITY OF RECORDS. (a) Records of a
1-8 mental health facility that directly or indirectly identify a
1-9 present, former, or proposed patient are confidential unless
1-10 disclosure is permitted by other state law.
1-11 (b) If a treating physician determines that it is in the
1-12 best interest of a patient under the treating physician's care, the
1-13 treating physician may disclose necessary information that may
1-14 identify the patient, but only to a:
1-15 (1) law enforcement officer;
1-16 (2) member of the patient's immediate family; or
1-17 (3) person who has a durable power of attorney that is
1-18 signed by the patient and relates to the patient's care.
1-19 (c) A disclosure under Subsection (b) may not be made if
1-20 the patient gives contrary written instructions to the treating
1-21 physician.
1-22 SECTION 2. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.