BG S.B. 208 75(R)    BILL ANALYSIS


PUBLIC HEALTH
S.B. 208
By: Haywood (Hirschi)
May 8, 1997
Committee Report (Unamended)


BACKGROUND

Discrepancies have arisen in interpreting current law which provides for
the confidentiality of mental health records at the request of the person
being treated.  As a result, treating physicians find it difficult to
disclose to parents and legal guardians, certain information needed to
make decisions relating to the whereabouts, diagnosis, and treatment of
dependent patients.  

PURPOSE

S.B. 208  clarifies current law to allow a legally authorized
representative to obtain necessary mental health records from a treating
physician about a mental-health patient. 

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 576.005, Health and Safety Code, to establish
that records of a mental health facility that identify a patient as
specified are confidential unless disclosure is permitted by other state
law.  Deletes existing Subsections (b) through (d) regarding a treating
physician determining what is in the best interest of a patient and
legally authorized representatives. Makes a conforming change. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.