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.