H.B. No. 1462
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:
1-15 (1) a law enforcement officer; or
1-16 (2) the patient's legally authorized representative.
1-17 (c) A disclosure under Subsection (b) may not be made if the
1-18 patient gives contrary written instructions to the treating
1-19 physician.
1-20 (d) For the purposes of this section "legally authorized
1-21 representative" means:
1-22 (1) a parent or legal guardian if the patient is a
1-23 minor, or a legal guardian if the patient has been adjudicated
1-24 incompetent to manage the patient's personal affairs;
2-1 (2) an agent of the patient authorized under a durable
2-2 power of attorney for health care;
2-3 (3) an attorney ad litem appointed for the patient; or
2-4 (4) a parent, spouse, adult child, or personal
2-5 representative if the patient is deceased.
2-6 SECTION 2. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.