Texas 2013 - 83rd Regular

Texas House Bill HB868 Compare Versions

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Old	New	Differences
1	1	83R16589 AED-D
2	2	By: Villarreal, Burkett H.B. No. 868
3	3	Substitute the following for H.B. No. 868:
4	4	By: Fallon C.S.H.B. No. 868
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to exceptions to mental health information disclosure
10	10	prohibitions.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 611.004, Health and Safety Code, is
13	13	amended by amending Subsection (a) and adding Subsections (e) and
14	14	(f) to read as follows:
15	15	(a) Except as provided by Subsections (e) and (f), a [A]
16	16	professional may disclose confidential information only:
17	17	(1) to a governmental agency if the disclosure is
18	18	required or authorized by law;
19	19	(2) to medical or law enforcement personnel if the
20	20	professional determines that there is a probability of imminent
21	21	physical injury by the patient to the patient or others or there is
22	22	a probability of immediate mental or emotional injury to the
23	23	patient;
24	24	(3) to qualified personnel for management audits,
25	25	financial audits, program evaluations, or research, in accordance
26	26	with Subsection (b);
27	27	(4) to a person who has the written consent of the
28	28	patient, or a parent if the patient is a minor, or a guardian if the
29	29	patient has been adjudicated as incompetent to manage the patient's
30	30	personal affairs;
31	31	(5) to the patient's personal representative if the
32	32	patient is deceased;
33	33	(6) to individuals, corporations, or governmental
34	34	agencies involved in paying or collecting fees for mental or
35	35	emotional health services provided by a professional;
36	36	(7) to other professionals and personnel under the
37	37	professionals' direction who participate in the diagnosis,
38	38	evaluation, or treatment of the patient;
39	39	(8) in an official legislative inquiry relating to a
40	40	state hospital or state school as provided by Subsection (c);
41	41	(9) to designated persons or personnel of a
42	42	correctional facility in which a person is detained if the
43	43	disclosure is for the sole purpose of providing treatment and
44	44	health care to the person in custody;
45	45	(10) to an employee or agent of the professional who
46	46	requires mental health care information to provide mental health
47	47	care services or in complying with statutory, licensing, or
48	48	accreditation requirements, if the professional has taken
49	49	appropriate action to ensure that the employee or agent:
50	50	(A) will not use or disclose the information for
51	51	any other purposes; and
52	52	(B) will take appropriate steps to protect the
53	53	information; [or]
54	54	(11) to satisfy a request for medical records of a
55	55	deceased or incompetent person pursuant to Section 74.051(e), Civil
56	56	Practice and Remedies Code; or
57	57	(12) to the patient's family members or friends, if the
58	58	information concerns:
59	59	(A) the patient's location;
60	60	(B) the patient's anticipated stay at the
61	61	location;
62	62	(C) the visiting hours, if any, of the patient's
63	63	location;
64	64	(D) whether the patient needs clothing or other
65	65	personal items;
66	66	(E) the professional's opinion regarding the
67	67	duration of the patient's stay in a facility, if applicable; or
68	68	(F) the need for commitment of the patient.
69	69	(e) A professional may disclose confidential information to
70	70	a person described by Subsection (a)(12) only when:
71	71	(1) if the patient has capacity, the professional
72	72	first obtains the patient's consent to the disclosure, or the
73	73	professional gives the patient an opportunity to object to the
74	74	disclosure, including an opportunity to object before the patient
75	75	actually consults with or is interviewed by the professional, and
76	76	the patient does not object to the disclosure; or
77	77	(2) if the patient lacks capacity, the professional
78	78	believes that the disclosure of confidential information will
79	79	facilitate the patient's recovery, and the professional has a
80	80	reasonable belief that the patient would not object to the
81	81	disclosure of confidential information.
82	82	(f) A patient who regains capacity may prohibit continued
83	83	disclosures of confidential information by a professional to a
84	84	person described by Subsection (a)(12).
85	85	SECTION 2. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2013.