By Dunnam H.B. No. 964
77R263 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the release of certain confidential information of a
1-3 patient by the patient's physician.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 159.005(a), Occupations Code, is amended
1-6 to read as follows:
1-7 (a) Consent for the release of confidential information must
1-8 be in writing and signed by:
1-9 (1) the patient;
1-10 (2) a parent or legal guardian of the patient if the
1-11 patient is a minor;
1-12 (3) a legal guardian of the patient if the patient has
1-13 been adjudicated incapacitated to manage the patient's personal
1-14 affairs;
1-15 (4) an attorney ad litem appointed for the patient, as
1-16 authorized by:
1-17 (A) Subtitle C, Title 7, Health and Safety Code;
1-18 (B) Subtitle D, Title 7, Health and Safety Code;
1-19 (C) Chapter XIII, Texas Probate Code; or
1-20 (D) Chapter 107, Family Code; [or]
1-21 (5) a personal representative of the patient,
1-22 including a representative appointed by a court to represent [of]
1-23 the estate of the patient, if the patient is deceased;
1-24 (6) a surviving spouse, parent, sibling, or adult
2-1 child of the patient, if the patient is deceased; or
2-2 (7) a person acting on behalf of a surviving minor
2-3 child of the patient, if the patient is deceased, including a
2-4 managing conservator or an attorney representing the child.
2-5 SECTION 2. This Act takes effect September 1, 2001.