Texas House Bill HB1213

Texas 2013 - 83rd Regular

Caption

Relating to the authority of a mental health professional or school counselor to disclose certain confidential information.

Impact

If enacted, HB 1213 will impact the Texas Health and Safety Code by allowing mental health professionals and school counselors greater authority to disclose information without fear of civil or criminal liability, provided they act in good faith. This change is particularly relevant in contexts where the threat of harm is deemed credible, thus enabling quicker interventions that could prevent potential acts of violence. By offering immunity for disclosures made under this provision, the bill seeks to encourage appropriate responses from professionals when faced with serious threats.

Summary

House Bill 1213 aims to modify existing laws concerning the confidentiality obligations of mental health professionals and school counselors, specifically regarding the disclosure of certain confidential information. The bill permits professionals to disclose confidential information if they believe it is necessary to protect the health or safety of an identifiable individual or group, particularly in situations where a patient or student communicates a threat of violence. This legislative action emphasizes the balance between maintaining confidentiality and ensuring public safety, particularly within educational and mental health contexts.

Sentiment

Overall, the sentiment surrounding HB 1213 appears supportive among stakeholders who prioritize the safety of students and the public. Advocates of the bill argue that it provides essential tools for mental health professionals and counselors to act decisively in potentially dangerous situations. However, there may also be concerns regarding the limits of confidentiality and the implications of disclosing sensitive information, particularly the potential for misinterpretation of threats.

Contention

Notable points of contention could arise regarding the implications of expanding disclosure authority, especially in terms of what constitutes a 'reasonable' threat and the subjective nature of threat assessment. Critics may argue that such legislative changes could lead to unintended consequences, including a chilling effect on patients' willingness to seek help or communicate openly with their counselors for fear of disclosure. The bill highlights the ongoing debate about privacy rights versus the necessity of safety in educational and mental health settings.