Untitled Texas Attorney General Opinion

. 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: -2464- 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 -2465- . . 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 -2466-