By: Bonnen of Galveston (Senate Sponsor - Taylor) H.B. No. 1901
(In the Senate - Received from the House May 6, 2019;
May 8, 2019, read first time and referred to Committee on State
Affairs; May 17, 2019, reported favorably by the following vote:
Yeas 9, Nays 0; May 17, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain mental health records of
deceased state hospital patients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 611, Health and Safety Code, is amended
by adding Section 611.0041 to read as follows:
Sec. 611.0041. REQUIRED DISCLOSURE OF CONFIDENTIAL
INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.
(a) In this section:
(1) "Patient" has the meaning assigned by Section
552.0011.
(2) "State hospital" has the meaning assigned by
Section 552.0011.
(b) To the extent permitted by federal law, a professional
shall disclose confidential information to the descendant of a
patient of a state hospital if:
(1) the patient has been deceased for at least 50
years; and
(2) the professional does not have information
indicating that releasing the medical record is inconsistent with
any prior expressed preference of the deceased patient or personal
representatives of the deceased patient's estate.
(c) A person who receives information from confidential
communications or records may not disclose the information except
to the extent that disclosure is consistent with the authorized
purposes for which the person first obtained the information.
SECTION 2. This Act takes effect September 1, 2019.
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