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Re: Lunacy Records Stepen (Steve) B. Byrd, 1931 Texas
Posted by: Margaret Knox (ID *****1417) Date: April 02, 2009 at 18:38:10
In Reply to: Lunacy Records Stepen (Steve) B. Byrd, 1931 Texas by Margaret Knox of 504

I received the following letter from        

TEXAS DEPARTMENT OF STATE HEALTH SERVICES

DAVID L. LAKEY, M.D.
COMMISSIONER        1100 West 49th Street * Austin, Texas 78756
P.O. Box 149347 * Austin, Texas 78714-9347
1-888-963-7111 * www.dshs.state.tx.us
TTY: 1-800-735-2989


April 1, 2009

Via e-mail to: springballey1095@yahoo.com & First Class Mail
Margaret Knox
P.O. box 210281
Bedford, Texas

Re: Request for information on deceased ancestor from Austin State Asylum

Dear Ms. Knox:

In a request dated March 19, 2009, you asked our office to provide information from our Austin
State Hospital records to you regarding the above-referenced person.

On May 4, 2007, the Office of the Attorney General issued a previous determination ruling
OR2007-05273 – copy enclosed) that applies to your request and all requests of its type. The
ruling states that records of a mental health facility that identify a former patient are confidential
under TEX. HEALTH & SAFETY CODE ANN. Section 576.005, and authorizes us to withhold such
information. The ruling specifically applies to a person that is deceased.

Only the executor or administrator of a deceased person's estate (who can provide legal proof of
being such) can get access to a mental health record or information taken from a mental health
record regarding a deceased patient. Since you did not submit court-documented proof (i.e.,
Letters Testamentary or Letters of Administration) that you are the executor or administrator of
your relative’s estate, we could not provide you with any information from any State Hospital,
if such information existed.

We regret that we cannot provide a more positive response. Your request to this agency is
closed. Please let us know if we can assist you with other matters in the future.


Sincerely,

Sherry D. Mansell

Sherry D. Mansell,
For Patricia Reedy DSHS Public Info. Coordinator

Enclosure


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