1-1 relating to disclosure of certain information regarding certain
1-2 patients of a physician.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 576.005, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 576.005. CONFIDENTIALITY OF RECORDS. [
(a)] Records of
1-7 a mental health facility that directly or indirectly identify a
1-8 present, former, or proposed patient are confidential unless
1-9 disclosure is permitted by other state law.
1-10 [ (b) If a treating physician determines that it is in the
1-11 best interest of a patient under the treating physician's care, the
1-12 treating physician may disclose necessary information that may
1-13 identify the patient, but only to:]
1-14 [ (1) a law enforcement officer; or]
1-15 [ (2) the patient's legally authorized representative.]
1-16 [ (c) A disclosure under Subsection (b) may not be made if
1-17 the patient gives contrary written instructions to the treating
1-19 [ (d) For the purposes of this section "legally authorized
1-20 representative" means:]
1-21 [ (1) a parent or legal guardian if the patient is a
1-22 minor, or a legal guardian if the patient has been adjudicated
1-23 incompetent to manage the patient's personal affairs;]
2-1 [ (2) an agent of the patient authorized under a
2-2 durable power of attorney for health care;]
2-3 [ (3) an attorney ad litem appointed for the patient;
2-5 [ (4) a parent, spouse, adult child, or personal
2-6 representative if the patient is deceased.]
2-7 SECTION 2. This Act takes effect September 1, 1997.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 208 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 208 passed the House on
May 16, 1997, by a non-record vote.
Chief Clerk of the House