HBA-DMD S.B. 1217 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1217
By: Moncrief
Corrections
5/6/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, information concerning the mental health of a person detained in
a correctional facility may be disclosed only to health care personnel of a
penal or custodial institution in which the patient is detained if the
disclosure is for the sole purpose of providing health care to the patient.
In rural areas this regulation can be problematic when the availability of
health care staff is limited. S.B. 1217 authorizes a professional to
disclose confidential information only to designated persons or personnel
of a correctional facility in which a person is detained if the disclosure
is for the sole purpose of providing treatment and health care to the
person in custody. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 611.004(a), Health and Safety Code, to authorize
a professional to disclose confidential information only to designated
persons or personnel of a correctional facility in which a person is
detained if the disclosure is for the sole purpose of providing treatment
and health care to the person in custody. Deletes text authorizing a
professional to disclose confidential information only to health care
personnel of a penal or other custodial institution in which the patient is
detained if the disclosure is for the sole purpose of providing health care
to the patient. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.