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.