| 1 | 1 | | 83R6639 KKR-F |
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| 2 | 2 | | By: Klick H.B. No. 1561 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to a deceased person's mental health |
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| 8 | 8 | | information. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 611.004(a), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A professional may disclose confidential information |
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| 13 | 13 | | only: |
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| 14 | 14 | | (1) to a governmental agency if the disclosure is |
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| 15 | 15 | | required or authorized by law; |
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| 16 | 16 | | (2) to medical or law enforcement personnel if the |
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| 17 | 17 | | professional determines that there is a probability of imminent |
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| 18 | 18 | | physical injury by the patient to the patient or others or there is |
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| 19 | 19 | | a probability of immediate mental or emotional injury to the |
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| 20 | 20 | | patient; |
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| 21 | 21 | | (3) to qualified personnel for management audits, |
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| 22 | 22 | | financial audits, program evaluations, or research, in accordance |
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| 23 | 23 | | with Subsection (b); |
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| 24 | 24 | | (4) to a person who has the written consent of the |
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| 25 | 25 | | patient, or a parent if the patient is a minor, or a guardian if the |
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| 26 | 26 | | patient has been adjudicated as incompetent to manage the patient's |
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| 27 | 27 | | personal affairs; |
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| 28 | 28 | | (5) to the executor or administrator of a deceased |
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| 29 | 29 | | patient's estate or, if an executor or administrator has not been |
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| 30 | 30 | | appointed, to: |
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| 31 | 31 | | (A) the deceased patient's spouse; or |
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| 32 | 32 | | (B) an adult related to the deceased patient |
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| 33 | 33 | | within the first degree of consanguinity for a deceased patient who |
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| 34 | 34 | | was not married [personal representative if the patient is |
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| 35 | 35 | | deceased]; |
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| 36 | 36 | | (6) to individuals, corporations, or governmental |
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| 37 | 37 | | agencies involved in paying or collecting fees for mental or |
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| 38 | 38 | | emotional health services provided by a professional; |
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| 39 | 39 | | (7) to other professionals and personnel under the |
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| 40 | 40 | | professionals' direction who participate in the diagnosis, |
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| 41 | 41 | | evaluation, or treatment of the patient; |
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| 42 | 42 | | (8) in an official legislative inquiry relating to a |
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| 43 | 43 | | state hospital or state school as provided by Subsection (c); |
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| 44 | 44 | | (9) to designated persons or personnel of a |
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| 45 | 45 | | correctional facility in which a person is detained if the |
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| 46 | 46 | | disclosure is for the sole purpose of providing treatment and |
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| 47 | 47 | | health care to the person in custody; |
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| 48 | 48 | | (10) to an employee or agent of the professional who |
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| 49 | 49 | | requires mental health care information to provide mental health |
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| 50 | 50 | | care services or in complying with statutory, licensing, or |
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| 51 | 51 | | accreditation requirements, if the professional has taken |
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| 52 | 52 | | appropriate action to ensure that the employee or agent: |
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| 53 | 53 | | (A) will not use or disclose the information for |
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| 54 | 54 | | any other purposes; and |
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| 55 | 55 | | (B) will take appropriate steps to protect the |
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| 56 | 56 | | information; or |
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| 57 | 57 | | (11) to satisfy a request for medical records of a |
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| 58 | 58 | | deceased or incompetent person pursuant to Section 74.051(e), Civil |
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| 59 | 59 | | Practice and Remedies Code. |
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| 60 | 60 | | SECTION 2. This Act takes effect September 1, 2013. |
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