BILL ANALYSIS S.B. 973 By: Haywood (Solomons) May 11, 1995 Committee Report (Unamended) BACKGROUND Section 576.005(c), Health and Safety Code, was amended in 1993 to provide for the confidentiality of mental health records at the request of the person being treated. The amendment, although intended to protect persons with disabilities, has resulted in a number of instances in which needed treatment or services were delayed, denied, or inaccessible due to the inability of parents or legal guardians to determine the whereabouts of and obtain complete records for the diagnosis and treatment of patients over whom the parent or guardian has complete legal responsibility. PURPOSE S.B. 973 would allow an authorized agent to obtain limited information about a mental-health patient if the individual's physician determines that disclosure of further information would be harmful to the patient. The bill also would provide for court intervention in determining what information could be released, if necessary. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 576.005(c), Health and Safety Code, to limit disclosure of patient records to whether the records exist and whether the patient is in the facility, if the treating physician believes disclosure of further information would be harmful to the patient's physical, mental, or emotional health. If the physician denies further disclosure, the physician must report the request to the Department of Protective Regulatory Services and request that a protective order be obtained. If a hearing is granted, the court must determine what information can be disclosed. SECTION 2. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION S.B. 973 was considered by the Public Health Committee in a formal meeting on May 12, 1995. The bill was reported favorably without amendment, and with the recommendation that it do pass and be printed, by a record vote of 5 ayes, 0 nays, 0 PNV, and 4 absent.