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SECTION 2. Section 611.004,
Health and Safety Code, is amended by amending Subsection (a) and adding
Subsection (e) to read as follows:
(a) A professional may
disclose confidential information only:
(1) to a governmental agency
if the disclosure is required or authorized by law;
(2) to medical personnel, mental health services providers,
or law enforcement personnel if the professional determines that there is a
probability of imminent physical injury by the patient to the patient or
others or there is a probability of immediate mental or emotional injury to
the patient;
(3) to qualified personnel
for management audits, financial audits, program evaluations, or research,
in accordance with Subsection (b);
(4) to a person who has the
written consent of the patient, or a parent if the patient is a minor, or a
guardian if the patient has been adjudicated as incompetent to manage the
patient's personal affairs;
(5) to the patient's
personal representative if the patient is deceased;
(6) to individuals,
corporations, or governmental agencies involved in paying or collecting
fees for mental or emotional health services provided by a professional;
(7) to other professionals
and personnel under the professionals' direction who participate in the
diagnosis, evaluation, or treatment of the patient;
(8) in an official
legislative inquiry relating to a state hospital or state school as
provided by Subsection (c);
(9) to designated persons or
personnel of a correctional facility in which a person is detained if the
disclosure is for the sole purpose of providing treatment and health care
to the person in custody;
(10) to an employee or agent
of the professional who requires mental health care information to provide
mental health care services or in complying with statutory, licensing, or
accreditation requirements, if the professional has taken appropriate
action to ensure that the employee or agent:
(A) will not use or disclose
the information for any other purposes; and
(B) will take appropriate
steps to protect the information; [or]
(11) to satisfy a request
for medical records of a deceased or incompetent person pursuant to Section
74.051(e), Civil Practice and Remedies Code;
(12) to a mental health services provider if:
(A) the information is nonmedical demographic information about a
patient, including address, name, or phone number; and
(B) the professional determines that the information is necessary
for the mental health services provider to coordinate the provision of
services to the patient; or
(13) to a person who is considered by the professional as willing
and capable of contributing substantially to the patient's recovery, if the
professional determines that disclosing the information will assist the
person in making that contribution.
(e) A person described by Subsection (a)(2) who receives
confidential information under that subsection is immune from civil or
criminal liability from an action taken based on the information received
if the action is taken in good faith. If the person is a professional or a
mental health services provider and the patient continues to receive
regular treatment or services from the person, the person must attempt to
obtain accurate medical or mental health records regarding the patient as
necessary to provide treatment or services.
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SECTION 1. Section 611.004,
Health and Safety Code, is amended by amending Subsection (a) and adding
Subsections (e) and (f) to read as follows:
(a) Except as provided by Subsections (e) and (f), a
[A] professional may disclose confidential information only:
(1) to a governmental agency
if the disclosure is required or authorized by law;
(2) to medical or law enforcement
personnel if the professional determines that there is a probability of
imminent physical injury by the patient to the patient or others or there
is a probability of immediate mental or emotional injury to the patient;
(3) to qualified personnel
for management audits, financial audits, program evaluations, or research,
in accordance with Subsection (b);
(4) to a person who has the
written consent of the patient, or a parent if the patient is a minor, or a
guardian if the patient has been adjudicated as incompetent to manage the
patient's personal affairs;
(5) to the patient's
personal representative if the patient is deceased;
(6) to individuals,
corporations, or governmental agencies involved in paying or collecting
fees for mental or emotional health services provided by a professional;
(7) to other professionals
and personnel under the professionals' direction who participate in the
diagnosis, evaluation, or treatment of the patient;
(8) in an official
legislative inquiry relating to a state hospital or state school as
provided by Subsection (c);
(9) to designated persons or
personnel of a correctional facility in which a person is detained if the
disclosure is for the sole purpose of providing treatment and health care
to the person in custody;
(10) to an employee or agent
of the professional who requires mental health care information to provide
mental health care services or in complying with statutory, licensing, or
accreditation requirements, if the professional has taken appropriate
action to ensure that the employee or agent:
(A) will not use or disclose
the information for any other purposes; and
(B) will take appropriate
steps to protect the information; [or]
(11) to satisfy a request
for medical records of a deceased or incompetent person pursuant to Section
74.051(e), Civil Practice and Remedies Code; or
(12) to the patient's family members or friends, if the information
concerns:
(A) the patient's location;
(B) the patient's anticipated stay at the location;
(C) the visiting hours, if any, of the patient's location;
(D) whether the patient needs clothing or other personal items;
(E) the professional's opinion regarding the duration of the patient's
stay in a facility, if applicable; or
(F) the need for commitment of the patient.
(e) A professional may disclose confidential information to a person
described by Subsection (a)(12) only when:
(1) if the patient has capacity, the professional first obtains the
patient's consent to the disclosure, or the professional gives the patient
an opportunity to object to the disclosure, including an opportunity to
object before the patient actually consults with or is interviewed by the
professional, and the patient does not object to the disclosure; or
(2) if the patient lacks capacity, the professional believes that
the disclosure of confidential information will facilitate the patient's
recovery, and the professional has a reasonable belief that the patient
would not object to the disclosure of confidential information.
(f) A patient who regains capacity may prohibit continued
disclosures of confidential information by a professional to a person
described by Subsection (a)(12).
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