H.B. No. 2488
AN ACT
relating to access to a child's medical records by the child's
attorney ad litem, guardian ad litem, or amicus attorney.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.006, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsections (d), (e),
and (f) to read as follows:
(a) In [Except as provided by Subsection (c), in]
conjunction with an appointment under this chapter, other than an
appointment of an attorney ad litem for an adult or a parent, the
court shall issue an order authorizing the attorney ad litem,
guardian ad litem for the child, or amicus attorney to have
immediate access to the child and any information relating to the
child.
(c) Without requiring a further order or release, the
custodian of a [A] medical, mental health, or drug or alcohol
treatment record of a child that is privileged or confidential
under other law shall release the record [may be released] to a
person authorized to access the record [appointed] under Subsection
(a), except that a child's drug or alcohol treatment record that is
confidential under 42 U.S.C. Section 290dd-2 may only be released
as provided under applicable federal regulations [only in
accordance with the other law].
(d) The disclosure of a confidential record under this
section does not affect the confidentiality of the record, and the
person provided access to the record may not disclose the record
further except as provided by court order or other law.
(e) Notwithstanding the provisions of this section, the
requirements of Section 159.008, Occupations Code, apply.
(f) Records obtained under this section shall be destroyed
on termination of the appointment.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2488 was passed by the House on April
21, 2011, by the following vote: Yeas 148, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2488 on May 21, 2011, by the following vote: Yeas 141, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2488 was passed by the Senate, with
amendments, on May 19, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor