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 Retardationto furnish Austin, Texas 78711 medical records on former patient residentsof 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 RetardationAct, 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 communitymental health and mental retardation centers have been establishedin this State. Thirteen of these centers have received State grantsin-aid from.thisDepartmentand are providing services to the mentally ill and mentally retarded. In order to coordinateand evaluate the State's mental health and mental retardationservices program provided by these community centers, State hospitals, State out-patientclinics and State schools for the retarded, it is the desire of this Department, through its Office of Data Processing,to furnishmedical records to community centers on patients who have been treated in a State operated facility. The medical records that would be furnishedeach community center would be those of residentsof the region served by the particularcommunity 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 servicesprogram and would afford to each
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mentally ill and mentally retardedperson involveda continuity of treatment. These medical records, of course, would identify each patient by name. "Wherefore,

your opinionand advice on the followingquestions is respectfullyrequested:
"1. May the Texas Department of Mental Health and Mental Retardationfurnish 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 Departmentmedical 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 facilitatetheir hospitalization, enabling them to obtain needed care, treatmentand rehabilitation with the least possib trouble, expense and embarrassmentto themselvesand their families,and to eliminateas far as possible the traumatic effect on the patient'smental 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, treatmentand research to reduce the prevalenceof mental illness. Article 5547-2, Vernon's Civil Statutes.

It is further the purpose of this Act to provide for the conservation and restorationof mental health among the people of this State, and toward this end to provide for the effectiveadministration and coordinationof mental health servicesat 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 opportunityto develop their respective mental capacities to the fullestpracticableextent 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 Hospitalsand Special Schools to le

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

prescribe the form of applications,certificates, records and reportsprovided 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 provisionsof this Code as may be necessary for proper and effectivehospitalization 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 indirectlyidentify or proposedpatient except where 

### ” (1) consent Is given by the individual identified,

his legal guardian, or his parent if he is a minor; "(2) disclosuremay be necessary to carry out the provisionsof this Code;
“(3) a court directs upon its determination that disclosure is necessary for the conduct of proceedingsbefore it and that failure to make such disclosurewould be contrary to the public interest,or l!(4) the Board or the head of the hospital determinesthat disclosurewill be In the best interest of the patient.
', b) 6 Nothing in this section shall preclude isclosure,ofinformation as to the patient's current condition to members of his family or to his relativesor 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 conditionand treatmentof any person to the State Department of Mental

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

Health and Mental Retardation, medical organizations,hospitalsand hospital committees,to be used in the course of any study for the purpose of reducingmental disordersand disabilities, and no liability of any kind or character for damages or other relief arises against any person or organizationfor providing such informationor material, or for releasingor publishing the findingsand conclusionsof such groups to advance mental health and mental retardation researchand education,or for releasingor publishing generallya summary of such studies. “(b) The Department, medical organizations, hospitalsand hospital committeesmay use or publish these materials only for the purpose of advancingmental health and mental retardation researchand education, in the interest of reducing mental disordersand disabilities, except that summaries of such studies may be released for general publication. "(c) The identity of any person whose condition or treatmenthas ‘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 conclusionsresulting 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 authorizedpersonnel of the Texas Department of Mental Health and Mental Retardation and the local community centers where it is determinedby the Department that such disclosuremay 'bein the best interest of the patients or is necess~ary to carry out the provisionsof the Mental Health Code.
SUMMARY

'2 The Texas Department of Mental Health and Men al Retardationmay furnish to local' community centers the.medicalrecords 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 centersmay furnish to the Texas Department of Mental Health and Mental Retardationmedical records on persons treated by such local community centers. truly yours,

General of Texas Prepared by Jack Sparks AssistantAttorney General
APPROVED: OPINION COMMITlEE
Kerns Taylor, Chairman Thomas Mack Lonny Zwiener Fielding Early Florence Baldwin

A. J. CARUBBI, JR. ExecutiveAssistant

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