Texas Senate Bill SB715

Texas 2011 - 82nd Regular

• Out of Senate Committee: 3/30/11
• Introduced: 2/15/11
• Voted on by Senate: 4/7/11
• Refer: 2/23/11
• Out of House Committee: 4/21/11
• Report Pass: 3/30/11
• Engrossed: 4/7/11
• Refer: 4/11/11
• Report Pass: 4/20/11

Caption

Relating to access to a child's medical records by the child's attorney ad litem, guardian ad litem, or amicus attorney.

Impact

If enacted, SB715 will significantly streamline the process by which legal representatives of children access vital medical information. By eliminating the need for further orders in many circumstances, the legislation is expected to expedite legal proceedings where a child's health status is pertinent. This change could lead to more informed decision-making in child welfare cases, as legal representatives would have timely access to the necessary health information to advocate for their clients effectively.

Summary

SB715 aims to enhance access to a child's medical records for specific legal representatives, including the attorney ad litem, guardian ad litem, or amicus attorney. The bill seeks to clarify and amend current laws to ensure that these appointed individuals have immediate access to a child's health records, providing that such access is critical for the attorneys to effectively represent the child’s interests in legal matters. SB715 explicitly allows for the release of confidential medical, mental health, or substance abuse treatment records without necessitating additional court orders, except where federal regulations apply, particularly concerning drug or alcohol treatment records.

Contention

Despite its intended benefits, SB715 has sparked discussions regarding privacy and confidentiality concerns. Opponents of the bill may worry about the potential risks of unrestricted access to sensitive medical records by legal representatives and the possible implications for a child's privacy. While the bill stipulates that the confidentiality of the records remains intact even after disclosure, apprehensions remain regarding the handling and further dissemination of such confidential information, raising important questions about the balance between legal access and personal privacy.