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Relating to the disclosure
in certain judicial proceedings of confidential communications between a
physician and a patient.
No fiscal implication to the State is anticipated.
SB 1733 would add two new subsections to Section 159.002
(Confidential Communications) of the Occupations Code. Specifically, this
legislation would allow a physician to disclose the confidential health records
and communications of a patient if the disclosure is related to a judicial
proceeding concerning the patient. SB 1733 would require a subpoena in order to
obtain this confidential information under certain provisions of Texas
statutes. Moreover, a physician would not need prior authorization from the
patient to disclose the information under subpoena.
According to the author’s statement of intent, “currently, the
Occupations Code is ambiguous as to when a physician’s office is required to
release medical records under a court subpoena or order when the patient is not
a party to the case.”
SB 1733 would provide clarity for physician offices and would bring this clarity in line with current Health and Safety Code standards. If a patient is a party to a case then the physician may disclose his or her patient’s confidential information. If a patient is not a party to the case, the physician does not disclose the confidential information unless the court orders it.
We support SB 1733 because it supports our limited
government principle by adding clarity to existing law.