Texas House Bill HB2446

Texas 2011 - 82nd Regular

• Out of House Committee: 5/9/11
• Introduced: 3/8/11
• Voted on by House: 5/15/11
• Refer: 3/14/11
• Report Pass: 5/3/11
• Engrossed: 5/15/11
• Refer: 5/16/11

Caption

Relating to the release of confidential physician-patient communications in certain circumstances.

Impact

The bill seeks to provide a legal pathway for law enforcement to access certain sensitive health information while balancing the need for confidentiality in physician-patient relationships. Its enactment would allow for the disclosure of information only under strict conditions—namely that the request is limited in scope, focuses on relevant details of the incident, and that the use of de-identified protected health information is impractical. Thus, it is aimed at both facilitating law enforcement investigations and maintaining certain privacy protections for patients.

Summary

House Bill 2446 addresses the conditions under which confidential physician-patient communications can be released, particularly in cases involving law enforcement investigations into the use of force. The bill amends Chapter 159 of the Occupations Code to introduce an exception that allows the disclosure of specific confidential information when requested by law enforcement officials. This exception is applicable in administrative investigations concerning the use of force by law enforcement officers or corrections personnel against a patient, ensuring that any requested information is relevant and material to the investigation at hand.

Contention

Notable points of contention likely arise from the implications of this legislation on patient confidentiality. Critics might argue that the bill risks undermining the trust established in the physician-patient relationship, as it opens the door for the disclosure of potentially sensitive information under certain law enforcement circumstances. Additionally, concerns may be raised about the potential for misuse of the provision or for chilling effects on patients seeking medical care out of fear that their information could be accessed for investigatory purposes, particularly in sensitive cases involving use of force.