By: Moncrief S.B. No. 1217
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the disclosure of certain information concerning the
1-2 mental health of a person detained in a correctional facility.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 611.004, Health and
1-5 Safety Code, is amended to read as follows:
1-6 (a) A professional may disclose confidential information
1-7 only:
1-8 (1) to a governmental agency if the disclosure is
1-9 required or authorized by law;
1-10 (2) to medical or law enforcement personnel if the
1-11 professional determines that there is a probability of imminent
1-12 physical injury by the patient to the patient or others or there is
1-13 a probability of immediate mental or emotional injury to the
1-14 patient;
1-15 (3) to qualified personnel for management audits,
1-16 financial audits, program evaluations, or research, in accordance
1-17 with Subsection (b);
1-18 (4) to a person who has the written consent of the
1-19 patient, or a parent if the patient is a minor, or a guardian if
1-20 the patient has been adjudicated as incompetent to manage the
1-21 patient's personal affairs;
1-22 (5) to the patient's personal representative if the
1-23 patient is deceased;
1-24 (6) to individuals, corporations, or governmental
2-1 agencies involved in paying or collecting fees for mental or
2-2 emotional health services provided by a professional;
2-3 (7) to other professionals and personnel under the
2-4 professionals' direction who participate in the diagnosis,
2-5 evaluation, or treatment of the patient;
2-6 (8) in an official legislative inquiry relating to a
2-7 state hospital or state school as provided by Subsection (c);
2-8 (9) to designated persons or [health care] personnel
2-9 of a correctional facility [penal or other custodial institution]
2-10 in which a person [the patient] is detained if the disclosure is
2-11 for the sole purpose of providing treatment and health care to the
2-12 person in custody [patient];
2-13 (10) to an employee or agent of the professional who
2-14 requires mental health care information to provide mental health
2-15 care services or in complying with statutory, licensing, or
2-16 accreditation requirements, if the professional has taken
2-17 appropriate action to ensure that the employee or agent:
2-18 (A) will not use or disclose the information for
2-19 any other purposes; and
2-20 (B) will take appropriate steps to protect the
2-21 information; or
2-22 (11) to satisfy a request for medical records of a
2-23 deceased or incompetent person pursuant to Section 4.01(e), Medical
2-24 Liability and Insurance Improvement Act of Texas (Article 4590i,
2-25 Vernon's Texas Civil Statutes).
2-26 SECTION 2. This Act takes effect September 1, 1999.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.