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.