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.