1-1 By: Haywood S.B. No. 208
1-2 (In the Senate - Filed January 15, 1997; January 16, 1997,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 3, 1997, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 11, Nays 0;
1-6 April 3, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 208 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to disclosure of certain information regarding certain
1-11 patients of a physician.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 576.005, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 576.005. CONFIDENTIALITY OF RECORDS. [(a)] Records of
1-16 a mental health facility that directly or indirectly identify a
1-17 present, former, or proposed patient are confidential unless
1-18 disclosure is permitted by other state law.
1-19 [(b) If a treating physician determines that it is in the
1-20 best interest of a patient under the treating physician's care, the
1-21 treating physician may disclose necessary information that may
1-22 identify the patient, but only to:]
1-23 [(1) a law enforcement officer; or]
1-24 [(2) the patient's legally authorized representative.]
1-25 [(c) A disclosure under Subsection (b) may not be made if
1-26 the patient gives contrary written instructions to the treating
1-27 physician.]
1-28 [(d) For the purposes of this section "legally authorized
1-29 representative" means:]
1-30 [(1) a parent or legal guardian if the patient is a
1-31 minor, or a legal guardian if the patient has been adjudicated
1-32 incompetent to manage the patient's personal affairs;]
1-33 [(2) an agent of the patient authorized under a
1-34 durable power of attorney for health care;]
1-35 [(3) an attorney ad litem appointed for the patient;
1-36 or]
1-37 [(4) a parent, spouse, adult child, or personal
1-38 representative if the patient is deceased.]
1-39 SECTION 2. This Act takes effect September 1, 1997.
1-40 SECTION 3. The importance of this legislation and the
1-41 crowded condition of the calendars in both houses create an
1-42 emergency and an imperative public necessity that the
1-43 constitutional rule requiring bills to be read on three several
1-44 days in each house be suspended, and this rule is hereby suspended.
1-45 * * * * *