BG C.S.H.B. 1990 75(R)BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 1990 By: Naishtat 4-25-97 Committee Report (Substituted) BACKGROUND Public awareness of sexual assault has increased in the past few years, as has the number of advocates who wish to provide services to sexual assault survivors. Currently, state law does not require that communication between a sexual assault advocate and a sexual assault victim is confidential. PURPOSE C.S.H.B. 1990 establishes provisions for confidential communications between a sexual assault program advocate and a victim. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 44.003, Health and Safety Code, to add a definition for "advocate." Remaining subsections are renumbered to conform. SECTION 2. Amend Chapter 44, Health and Safety Code, by adding Subchapters C and D as follows: SUBCHAPTER C. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT. Sec. 44.051. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT. Allows an individual to act as an advocate for victims of sexual assault if the individual is determined by the Texas Department of Health (department) as minimally competent to be an advocate for victims of sexual assault and is employed by a sexual assault program or provides volunteer services under the supervision of an advocate as specified. SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONS. Sec. 44.071. CONFIDENTIAL COMMUNICATIONS. Subsection (a) establishes that communication between an advocate and a survivor, or a person claiming to be a survivor, made in the course of providing advocacy services is confidential and prohibited from being disclosed except as provided by this subchapter. Subsection (b) provides that a record of the identity, personal history, or background information of a survivor, or information concerning the survivor's victimization, as specified, is confidential and privileged and prohibited from disclosure except as specified. Subsection (c) prohibits a person receiving information from a confidential communication or record from disclosing the information, except as consistent with the authorized purposes for which the information was obtained. Subsection (d) establishes that this subchapter governs a confidential communication or record concerning a survivor, regardless of when the survivor received the services of an advocate or sexual assault program. Sec. 44.072. EXCEPTIONS. Subsection (a) allows a specified confidential communication or record to be disclosed in court or in an administrative proceeding under certain specified conditions. Subsection (b) allows disclosure of a specified confidential communication or record to only be disclosed to a specified person or governmental agency in specified circumstances. Subsection (c) prohibits disclosure to a parent or legal guardian of a survivor who is a minor, if an advocate or a sexual assault program has reason to believe that the parent or legal guardian is a suspect in the sexual assault of the survivor. Sec. 44.073. CONSENT. Subsection (a) establishes that consent for the release of confidential information must be in writing and signed by the survivor, or other authorized person, as specified, if the survivor is a minor, adjudicated incompetent, or deceased. Establishes that the written consent must specify certain information. Subsection (b) allows a survivor, or other person authorized to consent, to withdraw consent to the information release by submitting a written notice of withdrawal as specified. Provides that information disclosed before notice of the withdrawal is received is not affected by a withdrawal. Subsection (c) prohibits a person with information made confidential by this chapter from disclosing the information, except for authorized purposes. Sec. 44.074. CRIMINAL SUBPOENA. Allows a person to disclose a confidential communication or record for use in a criminal investigation or proceeding as specified. Sec. 44.075. OFFENSE. Establishes that a person commits an offense, classified as a Class C misdemeanor, by intentionally or knowingly disclosing specified confidential communication or records, except as provided by this chapter. SECTION 3. Establishes the effective date of this Act to be September 1, 1997. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 1990 makes changes in the original bill's SECTION 2. In Sec. 44.071(a), Health and Safety Code, after the word "confidential," the words "and privileged" were removed from the substitute bill. Additionally removed from Sec. 44.071 are Subsections(e) and (f). Also added in CSHB 1990 is a new Sec. 44.074 regarding criminal subpoenas; and the original bill's OFFENSE section is renumbered as Sec. 44.075 to conform.