83R16589 AED-D
By: Villarreal, Burkett H.B. No. 868
Substitute the following for H.B. No. 868:
By: Fallon C.S.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 611.004, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (e) and
(f) to read as follows:
(a) Except as provided by Subsections (e) and (f), 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 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; or
(12) to the patient's family members or friends, if the
information concerns:
(A) the patient's location;
(B) the patient's anticipated stay at the
location;
(C) the visiting hours, if any, of the patient's
location;
(D) whether the patient needs clothing or other
personal items;
(E) the professional's opinion regarding the
duration of the patient's stay in a facility, if applicable; or
(F) the need for commitment of the patient.
(e) A professional may disclose confidential information to
a person described by Subsection (a)(12) only when:
(1) if the patient has capacity, the professional
first obtains the patient's consent to the disclosure, or the
professional gives the patient an opportunity to object to the
disclosure, including an opportunity to object before the patient
actually consults with or is interviewed by the professional, and
the patient does not object to the disclosure; or
(2) if the patient lacks capacity, the professional
believes that the disclosure of confidential information will
facilitate the patient's recovery, and the professional has a
reasonable belief that the patient would not object to the
disclosure of confidential information.
(f) A patient who regains capacity may prohibit continued
disclosures of confidential information by a professional to a
person described by Subsection (a)(12).
SECTION 2. 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.