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