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A BILL TO BE ENTITLED
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AN ACT
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relating to access to a deceased person's mental health |
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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(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A professional may disclose confidential information |
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only: |
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(1) to a governmental agency if the disclosure is |
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required or authorized by law; |
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(2) to medical or law enforcement personnel if the |
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professional determines that there is a probability of imminent |
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physical injury by the patient to the patient or others or there is |
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a probability of immediate mental or emotional injury to the |
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patient; |
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(3) to qualified personnel for management audits, |
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financial audits, program evaluations, or research, in accordance |
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with Subsection (b); |
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(4) to a person who has the written consent of the |
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patient, or a parent if the patient is a minor, or a guardian if the |
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patient has been adjudicated as incompetent to manage the patient's |
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personal affairs; |
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(5) to the executor or administrator of a deceased |
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patient's estate or, if an executor or administrator has not been |
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appointed, to: |
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(A) the deceased patient's spouse; or |
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(B) an adult related to the deceased patient |
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within the first degree of consanguinity for a deceased patient who |
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was not married [personal representative if the patient is
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deceased]; |
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(6) to individuals, corporations, or governmental |
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agencies involved in paying or collecting fees for mental or |
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emotional health services provided by a professional; |
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(7) to other professionals and personnel under the |
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professionals' direction who participate in the diagnosis, |
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evaluation, or treatment of the patient; |
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(8) in an official legislative inquiry relating to a |
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state hospital or state school as provided by Subsection (c); |
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(9) to designated persons or personnel of a |
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correctional facility in which a person is detained if the |
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disclosure is for the sole purpose of providing treatment and |
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health care to the person in custody; |
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(10) to an employee or agent of the professional who |
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requires mental health care information to provide mental health |
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care services or in complying with statutory, licensing, or |
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accreditation requirements, if the professional has taken |
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appropriate action to ensure that the employee or agent: |
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(A) will not use or disclose the information for |
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any other purposes; and |
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(B) will take appropriate steps to protect the |
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information; or |
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(11) to satisfy a request for medical records of a |
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deceased or incompetent person pursuant to Section 74.051(e), Civil |
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Practice and Remedies Code. |
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SECTION 2. This Act takes effect September 1, 2013. |