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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a mental health professional or school |
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counselor to disclose certain confidential information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 611.004, Health and Safety Code, is |
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amended by adding Subsections (e), (f), and (g) to read as follows: |
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(e) In addition to the authority provided by Subsection |
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(a)(2), a professional may disclose confidential information to a |
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patient's family or a person or group of persons at risk, as |
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appropriate, as necessary to report a threat communicated to the |
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professional by the patient if: |
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(1) the communicated threat is a threat of physical |
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violence against: |
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(A) a reasonably identifiable person or group of |
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persons; or |
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(B) the patient; and |
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(2) the professional determines in good faith that |
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disclosure of the information is necessary to protect the health or |
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safety of the reasonably identifiable person or group of persons or |
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the patient. |
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(f) A school counselor may disclose confidential |
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information to law enforcement personnel, a student's family, or a |
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person or group of persons at risk, as appropriate, as necessary to |
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report a threat communicated to the counselor by the student if: |
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(1) the communicated threat is a threat of physical |
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violence against: |
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(A) a reasonably identifiable person or group of |
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persons; or |
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(B) the student; and |
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(2) the counselor determines in good faith that |
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disclosure of the information is necessary to protect the health or |
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safety of the reasonably identifiable person or group of persons or |
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the student. |
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(g) A professional or school counselor who discloses |
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confidential information in accordance with Subsection (e) or (f), |
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as applicable, is immune from civil or criminal liability for that |
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disclosure. |
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SECTION 2. Sections 611.004(e), (f), and (g), Health and |
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Safety Code, as added by this Act, apply only to a disclosure of |
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confidential information made on or after the effective date of |
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this Act. A disclosure made before that date is governed by the law |
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in effect on the date the disclosure was made, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |