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AN ACT
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relating to the disclosure of certain mental health records of |
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deceased state hospital patients. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 611, Health and Safety Code, is amended |
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by adding Section 611.0041 to read as follows: |
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Sec. 611.0041. REQUIRED DISCLOSURE OF CONFIDENTIAL |
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INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING. |
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(a) In this section: |
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(1) "Patient" has the meaning assigned by Section |
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552.0011. |
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(2) "State hospital" has the meaning assigned by |
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Section 552.0011. |
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(b) To the extent permitted by federal law, a professional |
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shall disclose confidential information to the descendant of a |
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patient of a state hospital if: |
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(1) the patient has been deceased for at least 50 |
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years; and |
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(2) the professional does not have information |
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indicating that releasing the medical record is inconsistent with |
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any prior expressed preference of the deceased patient or personal |
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representatives of the deceased patient's estate. |
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(c) A person who receives information from confidential |
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communications or records may not disclose the information except |
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to the extent that disclosure is consistent with the authorized |
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purposes for which the person first obtained the information. |
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SECTION 2. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1901 was passed by the House on May 3, |
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2019, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1901 was passed by the Senate on May |
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20, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |