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NET GENE
F XAS
November 25, 1969
Honorable John Kinross-Wright Opinion No. M- 516
Commissioner
Texas Department of Mental Health Re: Whether the Superin-
and Mental Retardation tendent of Terre11 State
Box S - Capitol Station Hospital may refuse to
Austin, Texas 78711 furnish to a widow of a
deceased patient the
medical records of the
deceased patient who
died shortly after his
discharge
Dear Doctor Kinross-Wright:
By your recent letter to this office, you have requested an
opinion as to whether the Superintendent of Terre11 State Hospital
may refuse to furnish to the widow of a deceased former patient
who dies shortly after discharge, his medical records.
The disclosure of information concerning inmates in mental
institutions operated by the State of Texas is governed by
Article 5547-87 and in Subdivisions 2.02, Section 2.16, 2.17,
and 2.23, Vernon's Civil Statutes. In particular, Article 5547-87
reads as follows:
"(a) Hospital records which directly or indirectly
identify a patient, former patient, or proposed
patient shall be kept confidential 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:
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Honorable John Kinross-Wright, page 2 (M-516)
"(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
"(4) the Board or the head of the hospital determines
that disclosure will be in the best interest of
the patient.
"(b) Nothing in this section shall preclude disclosure
of information as to the patient's current con-
dition to members of his family or to his rela-
tives or friends."
Article 5547-202, Section 2.23(c) reads as follows:
"The identity of any person whose condition or treat-
ment has been studied shall be kept confidential and
shall not be revealed under any circumstances. All
information, interviews, reports, statements, memoranda...
and any findings or conclusions resulting from such
studies are declared to be privileged.“
It is also noted that the above statutes do not provide for
the furnishing of a patient's medical history to his surviving
wife. It is concluded that the Superintendent of the Terre11
State Hospital was correct in not furnishing to the deceased2
widow the medical records of such deceased former patient who
died shortly after his discharge.
SUMMARY
Hospital administrators may refuse to furnish
to the deceased's widow the medical records
of the deceased former patient who died
shortly after his discharge.
Y very tru$ya
y General of Texas
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. .
Honorable John Kinross-Wright, page 3 (M-516)
Prepared by Gordon C. Cass
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vize-Chairman
Harold Kennedy
Sarah E. Phillips
Monroe Clayton
Bill Allen
MEADE E. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First Assistant
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