House of Representatives

SB 1108

mentally ill; disclosure of information

Sponsors: Senator Solomon

dp	Committee on Retirement and Government Operations
x	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.

SB 1108 passed the Retirement and Government Operations Committee unamended.

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45th Legislature

First Regular Session 2 April 3, 2001

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