1-1 By: Moncrief S.B. No. 1217
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 19, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 19, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the disclosure of certain information concerning the
1-9 mental health of a person detained in a correctional facility.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 611.004, Health and
1-12 Safety Code, is amended to read as follows:
1-13 (a) A professional may disclose confidential information
1-14 only:
1-15 (1) to a governmental agency if the disclosure is
1-16 required or authorized by law;
1-17 (2) to medical or law enforcement personnel if the
1-18 professional determines that there is a probability of imminent
1-19 physical injury by the patient to the patient or others or there is
1-20 a probability of immediate mental or emotional injury to the
1-21 patient;
1-22 (3) to qualified personnel for management audits,
1-23 financial audits, program evaluations, or research, in accordance
1-24 with Subsection (b);
1-25 (4) to a person who has the written consent of the
1-26 patient, or a parent if the patient is a minor, or a guardian if
1-27 the patient has been adjudicated as incompetent to manage the
1-28 patient's personal affairs;
1-29 (5) to the patient's personal representative if the
1-30 patient is deceased;
1-31 (6) to individuals, corporations, or governmental
1-32 agencies involved in paying or collecting fees for mental or
1-33 emotional health services provided by a professional;
1-34 (7) to other professionals and personnel under the
1-35 professionals' direction who participate in the diagnosis,
1-36 evaluation, or treatment of the patient;
1-37 (8) in an official legislative inquiry relating to a
1-38 state hospital or state school as provided by Subsection (c);
1-39 (9) to designated persons or [health care] personnel
1-40 of a correctional facility [penal or other custodial institution]
1-41 in which a person [the patient] is detained if the disclosure is
1-42 for the sole purpose of providing treatment and health care to the
1-43 person in custody [patient];
1-44 (10) to an employee or agent of the professional who
1-45 requires mental health care information to provide mental health
1-46 care services or in complying with statutory, licensing, or
1-47 accreditation requirements, if the professional has taken
1-48 appropriate action to ensure that the employee or agent:
1-49 (A) will not use or disclose the information for
1-50 any other purposes; and
1-51 (B) will take appropriate steps to protect the
1-52 information; or
1-53 (11) to satisfy a request for medical records of a
1-54 deceased or incompetent person pursuant to Section 4.01(e), Medical
1-55 Liability and Insurance Improvement Act of Texas (Article 4590i,
1-56 Vernon's Texas Civil Statutes).
1-57 SECTION 2. This Act takes effect September 1, 1999.
1-58 SECTION 3. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended.
1-63 * * * * *