SRC-JRN C.S.S.B. 208 75(R)   BILL ANALYSIS


Senate Research Center   C.S.S.B. 208
By: Haywood
Health & Human Services
3-31-97
Committee Report (Substituted)


DIGEST 

Currently, the law provides for the confidentiality of mental health
records at the request of the person being treated.  This makes it
difficult for a parents and legal guardians to obtain certain information
needed to make decisions relating to the whereabouts, diagnosis, and
treatment of dependent patients.  This bill establishes conditions under
which limited information may be released by a physician about a patient. 

PURPOSE

As proposed, C.S.S.B. 208 establishes requirements relating to the
disclosure of limited information regarding certain patients of a
physician to a parent or guardian. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 576.005, Health and Safety Code, as follows:

Sec. 576.005. CONFIDENTIALITY OF RECORDS.  Requires records of a mental
health facility that directly or indirectly identify a present, former, or
proposed patient to be confidential unless disclosure is permitted by
other state law.  Deletes existing Subsections (b) through (d). 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 576.005, Health and Safety Code, by deleting existing
Subsection (b). Deletes proposed Subsections (c)-(f).    

SECTION 2.

Amends the effective date as September 1, 1997, rather than upon passage.
Redesignates the emergency clause to SECTION 3. 

SECTION 3.

Establishes the emergency clause.