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.


1-13           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                                  * * * * *