| |
| |
|
|
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 611.001, Health and Safety Code, is |
|
|
amended by adding Subdivision (3) to read as follows: |
|
|
(3) "Mental health services provider" means an |
|
|
unlicensed individual who performs mental health services for a |
|
|
patient, including evaluation and coordination of services. |
|
|
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. |
|
|
SECTION 3. 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. |