| |
|
| |
|
|
By: Bonnen of Galveston (Senate Sponsor - Taylor) |
H.B. No. 1901 |
|
|
(In the Senate - Received from the House May 6, 2019; |
|
|
May 8, 2019, read first time and referred to Committee on State |
|
|
Affairs; May 17, 2019, reported favorably by the following vote: |
|
|
Yeas 9, Nays 0; May 17, 2019, sent to printer.) |
| Click here to see the committee vote |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the disclosure of certain mental health records of |
|
|
deceased state hospital patients. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 611, Health and Safety Code, is amended |
|
|
by adding Section 611.0041 to read as follows: |
|
|
Sec. 611.0041. REQUIRED DISCLOSURE OF CONFIDENTIAL |
|
|
INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING. |
|
|
(a) In this section: |
|
|
(1) "Patient" has the meaning assigned by Section |
|
|
552.0011. |
|
|
(2) "State hospital" has the meaning assigned by |
|
|
Section 552.0011. |
|
|
(b) To the extent permitted by federal law, a professional |
|
|
shall disclose confidential information to the descendant of a |
|
|
patient of a state hospital if: |
|
|
(1) the patient has been deceased for at least 50 |
|
|
years; and |
|
|
(2) the professional does not have information |
|
|
indicating that releasing the medical record is inconsistent with |
|
|
any prior expressed preference of the deceased patient or personal |
|
|
representatives of the deceased patient's estate. |
|
|
(c) A person who receives information from confidential |
|
|
communications or records may not disclose the information except |
|
|
to the extent that disclosure is consistent with the authorized |
|
|
purposes for which the person first obtained the information. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |
|
|
|
|
|
* * * * * |