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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from civil liability for certain |
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professionals for the disclosure of certain mental health |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 611.004, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A professional may disclose confidential information |
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only: |
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(1) to a governmental agency if the disclosure is |
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required or authorized by law; |
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(2) to medical, mental health, or law enforcement |
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personnel if the professional in good faith determines that there |
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is a probability of imminent physical injury by the patient to the |
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patient or others or there is a probability of immediate mental or |
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emotional injury to the patient; |
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(3) to qualified personnel for management audits, |
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financial audits, program evaluations, or research, in accordance |
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with Subsection (b); |
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(4) to a person who has the written consent of the |
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patient, or a parent if the patient is a minor, or a guardian if the |
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patient has been adjudicated as incompetent to manage the patient's |
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personal affairs; |
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(5) to the patient's personal representative if the |
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patient is deceased; |
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(6) to individuals, corporations, or governmental |
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agencies involved in paying or collecting fees for mental or |
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emotional health services provided by a professional; |
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(7) to other professionals and personnel under the |
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professionals' direction who participate in the diagnosis, |
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evaluation, or treatment of the patient; |
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(8) in an official legislative inquiry relating to a |
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state hospital or state school as provided by Subsection (c); |
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(9) to designated persons or personnel of a |
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correctional facility in which a person is detained if the |
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disclosure is for the sole purpose of providing treatment and |
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health care to the person in custody; |
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(10) to an employee or agent of the professional who |
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requires mental health care information to provide mental health |
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care services or in complying with statutory, licensing, or |
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accreditation requirements, if the professional has taken |
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appropriate action to ensure that the employee or agent: |
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(A) will not use or disclose the information for |
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any other purposes; and |
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(B) will take appropriate steps to protect the |
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information; or |
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(11) to satisfy a request for medical records of a |
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deceased or incompetent person pursuant to Section 74.051(e), Civil |
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Practice and Remedies Code. |
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(a-1) A person described by Section 611.001(2)(A) or (B) who |
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in good faith discloses confidential information in accordance with |
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Subsection (a)(2) of this section is immune from civil liability in |
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an action brought against the person for disclosing the |
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confidential information. |
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SECTION 2. The changes in law made by this Act apply only to |
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a disclosure of confidential information made on or after the |
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effective date of this Act. A disclosure made before the effective |
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date of this Act is governed by the law in effect on the date the |
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disclosure was made, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |