House of Representatives

SB 1108

mentally ill; disclosure of information

Sponsors: Senator Solomon

X	Committee on Retirement and Government Operations
	Committee on Judiciary
	Caucus and COW
	As Passed the House

SB 1108 requires the court to transmit specified, confidential information to the Department of Public Safety (DPS), if a person has been involuntarily committed as a result of a mental disorder.

History

Current law states that all information and records obtained in the course of evaluation, examination or treatment is confidential, except as requirements of a hearing may necessitate. Information and records may only be disclosed under certain conditions, and DPS may not receive information from the court on the termination of a patient’s treatment due to a court order.

DPS may receive access to confidential information in acting as a governmental or law enforcement agency if it is necessary to secure the return of a patient who is on unauthorized absence from any agency where a patient was undergoing evaluation and treatment. DPS may also receive access to confidential information as a governmental agency to comply with chapter 37 (sexually violent persons) of Title 36 (public health and safety).

Provisions

· Requires the court to transmit the name, date of birth, social security number, date of commitment and the date of termination to the DPS , on termination of treatment by court order, if a

person has been found to constitute a danger to himself or others and the court enters an order for treatment as a result of a mental disorder.

· Allows DPS access to confidential information, if DPS is complying with the above provision.

· Prescribes an effective date of September 1, 2002.

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· 45th Legislature

· First Regular Session 2 April 3, 2001

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