86R3645 JG-D
  By: Thompson of Harris H.B. No. 461
  relating to an exemption from civil liability for certain
  professionals for the disclosure of certain mental health
         SECTION 1.  Section 611.004, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  A professional may disclose confidential information
               (1)  to a governmental agency if the disclosure is
  required or authorized by law;
               (2)  to medical, mental health, or law enforcement
  personnel if the professional in good faith 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.
         (a-1)  A person described by Section 611.001(2)(A) or (B) who
  in good faith discloses confidential information in accordance with
  Subsection (a)(2) of this section is immune from civil liability in
  an action brought against the person for disclosing the
  confidential information.
         SECTION 2.  The changes in law made 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 the effective
  date of this Act is governed by the law in effect on the date the
  disclosure was made, and that law is continued in effect for that
         SECTION 3.  This Act takes effect September 1, 2019.