83R6080 AED-D
 
  By: Clardy H.B. No. 1213
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a mental health professional or school
  counselor to disclose certain confidential information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 611.004, Health and Safety Code, is
  amended by adding Subsections (e), (f), and (g) to read as follows:
         (e)  In addition to the authority provided by Subsection
  (a)(2), a professional may disclose confidential information to a
  patient's family or a person or group of persons at risk, as
  appropriate, as necessary to report a threat communicated to the
  professional by the patient if:
               (1)  the communicated threat is a threat of physical
  violence against:
                     (A)  a reasonably identifiable person or group of
  persons; or
                     (B)  the patient; and
               (2)  the professional determines in good faith that
  disclosure of the information is necessary to protect the health or
  safety of the reasonably identifiable person or group of persons or
  the patient.
         (f)  A school counselor may disclose confidential
  information to law enforcement personnel, a student's family, or a
  person or group of persons at risk, as appropriate, as necessary to
  report a threat communicated to the counselor by the student if:
               (1)  the communicated threat is a threat of physical
  violence against:
                     (A)  a reasonably identifiable person or group of
  persons; or
                     (B)  the student; and
               (2)  the counselor determines in good faith that
  disclosure of the information is necessary to protect the health or
  safety of the reasonably identifiable person or group of persons or
  the student.
         (g)  A professional or school counselor who discloses
  confidential information in accordance with Subsection (e) or (f),
  as applicable, is immune from civil or criminal liability for that
  disclosure.
         SECTION 2.  Sections 611.004(e), (f), and (g), Health and
  Safety Code, as added by this Act, apply only to a disclosure of
  confidential information made on or after the effective date of
  this Act.  A disclosure made before that date is governed by the law
  in effect on the date the disclosure was made, and that law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.