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 * * * * *