By:  Haywood                                           S.B. No. 973
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the disclosure of certain information relating to
    1-2  certain patients of a physician.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (c), Section 576.005, Health and
    1-5  Safety Code, is amended to read as follows:
    1-6        (c)  If the treating physician has reason to believe that
    1-7  disclosure to a legally authorized representative would be harmful
    1-8  to the patient's physical, mental, or emotional health, the
    1-9  physician may only disclose to the legally authorized
   1-10  representative whether the requested records exist and whether the
   1-11  patient is in the facility.  The treating physician shall inform
   1-12  the representative of the physician's belief that the release of
   1-13  additional information would be harmful to the patient.  If the
   1-14  physician denies further disclosure under this subsection, the
   1-15  physician shall report the request to the Department of Protective
   1-16  and Regulatory Services and request that a protective order be
   1-17  obtained on behalf of the patient.  If a hearing on the motion for
   1-18  a protective order is held, the court shall:
   1-19              (1)  determine what information may be disclosed and
   1-20  what information shall remain confidential; and
   1-21              (2)  issue any appropriate orders <A disclosure under
   1-22  Subsection (b) may not be made if the patient gives contrary
   1-23  written instructions to the treating 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.