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.