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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a health care practitioner to disclose |
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to law enforcement agencies and prosecutors a suspected human |
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trafficking victim's health information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. AUTHORIZED DISCLOSURE OF HUMAN TRAFFICKING VICTIM |
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INFORMATION |
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Sec. 161.051. DEFINITION. In this subchapter, "health care |
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practitioner" means an individual who holds a license, certificate, |
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permit, or other authorization issued under Title 3, Occupations |
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Code, to engage in a health care profession. |
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Sec. 161.052. DISCLOSURE OF SUSPECTED HUMAN TRAFFICKING |
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VICTIM. (a) A health care practitioner may disclose an |
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individual's health information to any local, state, or federal law |
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enforcement agency or prosecutor without the individual's consent |
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if: |
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(1) the practitioner reasonably believes the |
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individual is a victim of abuse as a result of conduct constituting |
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an offense under Chapter 20A, Penal Code; and |
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(2) the practitioner, in the exercise of the |
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practitioner's professional judgment, believes the disclosure is |
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necessary to prevent serious harm to the individual or other |
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potential victims. |
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(b) An individual who in good faith discloses information |
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under this section is not subject to civil or criminal liability for |
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damages arising out of the disclosure. |
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(c) A law enforcement agency that receives information |
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under Subsection (a) may submit that information to the attorney |
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general, the Department of Public Safety of the State of Texas, |
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another local, state, or federal law enforcement agency, or a |
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local, state, or federal prosecutor as evidence of the commission |
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of an offense. The agency or prosecutor may use the submitted |
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information for the investigation and prosecution of an offense. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |