Hon. John Kinross-Wright Opinion No. M- 317 

Commissioner, Texas Department 

of Mental Health & Mental Re: Authority of Texas DepartRetardation ment of Mental Health and 

Box S, Capitol Station Mental Retardation to furnish 

Austin, Texas 78711 medical records on former 

patient residents of the 

region served by local community centers to such 

Dear 

ing : 

Dr. Kinross-Wright: centers, and related question. 

In your request for an opinion, you state the follow- 

"Under authority of the Texas Mental Health 

and Mental Retardation Act, being Article 5547-201 

through 5547-204, enacted by Acts 1965, 59th Legislature, Regular Session, page 165, chapter 67, effective September 1, 1965, as amended, approximately 

25 community mental health and mental retardation 

centers have been established in this State. Thirteen of these centers have received State grantsin-aid from.this Department and are providing services to the mentally ill and mentally retarded. 

In order to coordinate and evaluate the State's 

mental health and mental retardation services 

program provided by these community centers, 

State hospitals, State out-patient clinics and 

State schools for the retarded, it is the desire 

of this Department, through its Office of Data 

Processing, to furnish medical records to community centers on patients who have been treated 

in a State operated facility. The medical records 

that would be furnished each community center 

would be those of residents of the region served 

by the particular community center. ~Conversely, 

It Is desired that the community centers be able 

to furnish to the Department the medical records 

on patients treated locally. This would allow 

the Department to collect vital information as 

to the total mental health mental retardation 

services program and would afford to each 

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Hon. John Kinross-Wright, page 2 (M-317) 

mentally ill and mentally retarded person 

involved a continuity of treatment. These 

medical records, of course, would identify 

each patient by name. 

"Wherefore, your opinion and advice on 

the following questions is respectfully requested: 

"1. May the Texas Department of Mental 

Health and Mental Retardation furnish to local 

community centers the medical records on persons who have been treated in Its institutions 

who are residents of the region served by the 

local community center? 

“2. May community centers furnish to the 

Department medical records on persons treated 

by such local community centers?" 

The purpose of the Texas Mental Health Code is to 

provide humane care and treatment for the mentally ill and to 

facilitate their hospitalization, enabling them to obtain 

needed care, treatment and rehabilitation with the least possib 

trouble, expense and embarrassment to themselves and their 

families, and to eliminate as far as possible the traumatic 

effect on the patient's mental health of public trial and 

criminal-like procedures, and at the same time to protect 

the rights and liberty of everyone. It is also the legislative 

purpose that Texas contribute its share to the nation-wide 

effort through care, treatment and research to reduce the 

prevalence of mental illness. Article 5547-2, Vernon's 

Civil Statutes. 

It is further the purpose of this Act to provide 

for the conservation and restoration of mental health among 

the people of this State, and toward this end to provide for 

the effective administration and coordination of mental health 

services at the State and local levels, and to provide, coordinate, develop and improve services for the mentally retarded persons of this State to the end that they will be 

afforded the opportunity to develop their respective mental 

capacities to the fullest practicable extent and to live as 

useful and productive lives as possible. 

Section 1.01(a), Vernon's Civil Statutes. 

Article 5547-201, 

Article 5547-9, Vernon's Civil Statutes, authorizes 

the Board for Texas State Hospitals and Special Schools to 

le 

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Hon. John Kinross-Wright, Page 3 (M-317) 

prescribe the form of applications, certificates, records 

and reports provided for under this Code and the information 

required to be contained therein; to require reports from the 

head of any mental hospital relating to the administration, 

examination, diagnosis, release or discharge of any patient; 

and to adopt such rules and regulations not inconsistent with 

the provisions of this Code as may be necessary for proper 

and effective hospitalization of the mentally ill. 

Article 5547-87, Vernon's Civil Statutes, provides 

the following: -- 

records which directly or 

a patient, former patient, 

shall be kept confidential 

"(a) Hospital 

indirectly identify 

or proposed patient 

except where 

” (1) consent Is given by the individual 

identified, his legal guardian, or his parent 

if he is a minor; 

"(2) disclosure may be necessary to 

carry out the provisions of this Code; 

“(3) a court directs upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure 

to make such disclosure would be contrary to 

the public interest, or 

l!(4) the Board or the head of the hospital 

determines that disclosure will be In the best 

interest of the patient. 

', b) 

6 

Nothing in this section shall preclude isclosure,of information as to the patient's 

current condition to members of his family or to 

his relatives or friends." 

Article 5547-202, Section 2.23, Vernori's Civil Statutes, provides the following: 

“(a) Any person, hospital, sanitarium, 

nursing or rest home, medical society,~ or other 

organization may provide information, inter-, 

views, reports, statements, memoranda, or other 

data related to the condition and treatment of 

any person to the State Department of Mental 

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I . 

Hon. John Klnross-Wright, page 4 (M-317) 

Health and Mental Retardation, medical organizations, hospitals and hospital committees, to 

be used in the course of any study for the purpose 

of reducing mental disorders and disabilities, and 

no liability of any kind or character for damages 

or other relief arises against any person or organization for providing such information or 

material, or for releasing or publishing the 

findings and conclusions of such groups to advance mental health and mental retardation 

research and education, or for releasing or publishing generally a summary of such studies. 

“(b) The Department, medical organizations, 

hospitals and hospital committees may use or 

publish these materials only for the purpose of 

advancing mental health and mental retardation 

research and education, in the interest of reducing 

mental disorders and disabilities, except that 

summaries of such studies may be released for 

general publication. 

"(c) The identity of any person whose 

condition or treatment has ‘been studied shall be 

kept confidential and shall not be revealed 

under any circumstances, All information, interviews, reports, statements, memoranda, or other 

data furnished by reason of this Act and any 

findings or conclusions resulting from such 

studies are declared to be prlv,ileged." 

We answer both of your questions in the affirmative. 

However, the identity of the patient shown on the confidential 

reports shall be made available only to authorized personnel 

of the Texas Department of Mental Health and Mental Retardation 

and the local community centers where it is determined by the 

Department that such disclosure may 'be in the best interest of 

the patients or is necess~ary to carry out the provisions of the 

Mental Health Code. 

SUMMARY 

'2 

The Texas Department of Mental Health 

and Men al Retardation may furnish to local' 

community centers the.medical records of persons 

who have been treated in its institutions who 

are residents of the region served by the local 

community center. 

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Hon. John Kinross-Wright, Page 5 (M-317) 

(2) Community centers may furnish to the 

Texas Department of Mental Health and Mental 

Retardation medical records on persons treated 

by such local community centers. 

truly yours, 

General of Texas 

Prepared by Jack Sparks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITlEE 

Kerns Taylor, Chairman 

Thomas Mack 

Lonny Zwiener 

Fielding Early 

Florence Baldwin 

A. J. CARUBBI, JR. 

Executive Assistant 

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