|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to an exemption from civil liability for certain |
|
professionals for the disclosure of certain mental health |
|
information. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
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 |
|
only: |
|
(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 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) No cause of action exists against a person described |
|
by Section 611.001(2)(A) or (B) for the disclosure of confidential |
|
information under Subsection (a)(2). A cause of action brought |
|
against the person for the disclosure of the confidential |
|
information must be dismissed with prejudice. |
|
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 |
|
purpose. |
|
SECTION 3. This Act takes effect September 1, 2021. |