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.