BILL ANALYSIS S.B. 973 By: Haywood Health and Human Services 04-13-95 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 where 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 As proposed, S.B. 973 prohibits the disclosure of certain patient information if the patient or patient's guardian objects in writing to the treating physician. 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 prohibit a disclosure statement under Subsection (b) from being made if the patient or the patient's guardian, if the patient is incompetent, gives contrary instructions to the treating physician. Makes this section inapplicable if the patient is a minor. SECTION 2. Emergency clause. Effective date: upon passage.