Texas Senate Bill SB1733

Texas 2015 - 84th Regular

Caption

Relating to the disclosure in certain judicial proceedings of confidential communications between a physician and a patient.

Impact

The proposed changes would impact the privileges that have traditionally governed the confidentiality between patients and their healthcare providers. Under the new provisions, physicians could disclose confidential information in cases where subpoenaed documents are required. This effectively breaks down some of the protective barriers that have long existed with respect to patient autonomy and privacy in legal situations, potentially affecting patients' willingness to communicate openly with their healthcare providers.

Summary

SB1733 seeks to amend Section 159.002 of the Occupations Code related to the confidentiality of communications between physicians and patients. The bill allows for certain confidential communications and records to be disclosed by a physician without a patient's authorization if this disclosure is related to a judicial proceeding where the patient is a party. This creates a significant shift in how patient confidentiality is handled in the context of legal proceedings.

Sentiment

The general sentiment surrounding SB1733 is contentious. Proponents argue that the bill is necessary for ensuring transparency in legal processes and protecting the integrity of judicial investigations. However, opponents express concerns that such a measure undermines the trust fundamental to the patient-doctor relationship and may dissuade patients from seeking treatment or discussing sensitive health issues for fear of potential legal repercussions.

Contention

Notable points of contention include the preservation of the physician-patient privilege in various contexts. Critics of the bill stress that this shift may lead to a chilling effect on patient disclosures, particularly in sensitive cases such as mental health or substance abuse. The debate reflects a broader struggle between the need for judicial efficacy and the ethical obligations of healthcare providers to maintain patient confidentiality.