By Haywood                                              S.B. No. 72

      75R1277 JJT-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disclosure of certain information relating to

 1-3     certain patients of a physician.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 576.005(c), Health and Safety Code, is

 1-6     amended to read as follows:

 1-7           (c)  If the treating physician has reason to believe that

 1-8     disclosure to a legally authorized representative would be harmful

 1-9     to the patient's physical, mental, or emotional health, the

1-10     physician may disclose to the legally authorized representative

1-11     only whether the requested records exist and whether the patient is

1-12     in the facility.  The treating physician shall inform the

1-13     representative of the physician's belief that the release of

1-14     additional information would be harmful to the patient.  If the

1-15     physician denies further disclosure under this subsection, the

1-16     physician shall report to the Department of Protective and

1-17     Regulatory Services the representative's request for information

1-18     and request that the department obtain a protective order on the

1-19     patient's behalf.  If a hearing on the motion for a protective

1-20     order is held, the court shall:

1-21                 (1)  determine what information may be disclosed and

1-22     what information shall remain confidential; and

1-23                 (2)  issue any appropriate orders [A disclosure under

1-24     Subsection (b) may not be made if the patient gives contrary

 2-1     written instructions to the treating physician].

 2-2           SECTION 2.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended,

 2-7     and that this Act take effect and be in force from and after its

 2-8     passage, and it is so enacted.