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.