By Van de Putte H.B. No. 1462
Substitute the following for H.B. No. 1462:
By Delisi C.S.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 the patient, the treating physician <exercising
1-13 reasonable medical judgment> may disclose necessary <orally the
1-14 name or other> information that may identify <identity of> a
1-15 patient under that <the> physician's care. <May be determined,
1-16 either directly or by reference to to other nonconfidential
1-17 information, to:>
1-18 <(1) a member of the patient's immediate family; or>
1-19 <(2) an individual who the physician knows has a close
1-20 personal relationship with the patient.>
1-21 (c) A disclosure under Subsection (b) may not be made if
1-22 the patient gives contrary written instructions to the treating
1-23 physician.
1-24 SECTION 2. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended,
2-5 and that this Act take effect and be in force from and after its
2-6 passage, and it is so enacted.