83R3419 AED-D
By: Villarreal H.B. No. 868
A BILL TO BE ENTITLED
AN ACT
relating to exceptions to mental health information disclosure
prohibitions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 611.001, Health and Safety Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Mental health services provider" means an
unlicensed individual who performs mental health services for a
patient, including evaluation and coordination of services.
SECTION 2. Section 611.004, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (e) 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 personnel, mental health services
providers, 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;
(12) to a mental health services provider if:
(A) the information is nonmedical demographic
information about a patient, including address, name, or phone
number; and
(B) the professional determines that the
information is necessary for the mental health services provider to
coordinate the provision of services to the patient; or
(13) to a person who is considered by the professional
as willing and capable of contributing substantially to the
patient's recovery, if the professional determines that disclosing
the information will assist the person in making that contribution.
(e) A person described by Subsection (a)(2) who receives
confidential information under that subsection is immune from civil
or criminal liability from an action taken based on the information
received if the action is taken in good faith. If the person is a
professional or a mental health services provider and the patient
continues to receive regular treatment or services from the person,
the person must attempt to obtain accurate medical or mental health
records regarding the patient as necessary to provide treatment or
services.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.