83R16589 AED-D

By: Villarreal, Burkett H.B. No. 868

Substitute the following for H.B. No. 868:

By: Fallon C.S.H.B. No. 868

A BILL TO BE ENTITLED

AN ACT

relating to exceptions to mental health information disclosure prohibitions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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).

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.