84R4292 KKR-F
By: Klick H.B. No. 2130
A BILL TO BE ENTITLED
AN ACT
relating to access to a deceased person's mental health
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 611.004(a), Health and Safety Code, is
amended 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 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 executor or administrator of a deceased
patient's estate or, if an executor or administrator has not been
appointed, to:
(A) the deceased patient's spouse; or
(B) an adult related to the deceased patient
within the first degree of consanguinity for a deceased patient who
was not married [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.
SECTION 2. This Act takes effect September 1, 2015.