1-1     By:  Dunnam (Senate Sponsor - Van de Putte)            H.B. No. 964
 1-2           (In the Senate - Received from the House May 9, 2001;
 1-3     May 10, 2001, read first time and referred to Committee on Business
 1-4     and Commerce; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the release of certain confidential information of a
 1-9     patient by the patient's physician.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 159.005(a), Occupations Code, is amended
1-12     to read as follows:
1-13           (a)  Consent for the release of confidential information must
1-14     be in writing and signed by:
1-15                 (1)  the patient;
1-16                 (2)  a parent or legal guardian of the patient if the
1-17     patient is a minor;
1-18                 (3)  a legal guardian of the patient if the patient has
1-19     been adjudicated incapacitated to manage the patient's personal
1-20     affairs;
1-21                 (4)  an attorney ad litem appointed for the patient, as
1-22     authorized by:
1-23                       (A)  Subtitle C, Title 7, Health and Safety Code;
1-24                       (B)  Subtitle D, Title 7, Health and Safety Code;
1-25                       (C)  Chapter XIII, Texas Probate Code; or
1-26                       (D)  Chapter 107, Family Code;  [or]
1-27                 (5)  a personal representative of the patient,
1-28     including a representative appointed by a court to represent [of]
1-29     the estate of the patient, if the patient is deceased;
1-30                 (6)  a surviving spouse,  parent, sibling, or adult
1-31     child of the patient, if the patient is deceased; or
1-32                 (7)  a person acting on behalf of a surviving minor
1-33     child of the patient, if the patient is deceased, including a
1-34     managing conservator or an attorney representing the child.
1-35           SECTION 2.  This Act takes effect September 1, 2001.
1-36                                  * * * * *