| 1 | 1 | | By: Harris, Huffman S.B. No. 715 |
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| 2 | 2 | | (Scott) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to a child's medical records by the child's |
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| 8 | 8 | | attorney ad litem, guardian ad litem, or amicus attorney. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 107.006, Family Code, is amended by |
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| 11 | 11 | | amending Subsections (a) and (c) and adding Subsection (d) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (a) In [Except as provided by Subsection (c), in] |
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| 14 | 14 | | conjunction with an appointment under this chapter, other than an |
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| 15 | 15 | | appointment of an attorney ad litem for an adult or a parent, the |
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| 16 | 16 | | court shall issue an order authorizing the attorney ad litem, |
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| 17 | 17 | | guardian ad litem for the child, or amicus attorney to have |
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| 18 | 18 | | immediate access to the child and any information relating to the |
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| 19 | 19 | | child. |
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| 20 | 20 | | (c) Without requiring a further order or release, the |
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| 21 | 21 | | custodian of a [A] medical, mental health, or drug or alcohol |
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| 22 | 22 | | treatment record of a child that is privileged or confidential |
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| 23 | 23 | | under other law shall release the record [may be released] to a |
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| 24 | 24 | | person authorized to access the record [appointed] under Subsection |
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| 25 | 25 | | (a), except that a child's drug or alcohol treatment record that is |
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| 26 | 26 | | confidential under 42 U.S.C. Section 290dd-2 may only be released |
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| 27 | 27 | | as provided under applicable federal regulations [only in |
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| 28 | 28 | | accordance with the other law]. |
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| 29 | 29 | | (d) The disclosure of a confidential record under this |
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| 30 | 30 | | section does not affect the confidentiality of the record, and the |
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| 31 | 31 | | person provided access to the record may not disclose the record |
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| 32 | 32 | | further except as provided by court order or other law. |
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| 33 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2011. |
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