| 1 | | - | H.B. No. 1901 |
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| 1 | + | By: Bonnen of Galveston (Senate Sponsor - Taylor) H.B. No. 1901 |
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| 2 | + | (In the Senate - Received from the House May 6, 2019; |
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| 3 | + | May 8, 2019, read first time and referred to Committee on State |
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| 4 | + | Affairs; May 17, 2019, reported favorably by the following vote: |
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| 5 | + | Yeas 9, Nays 0; May 17, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the disclosure of certain mental health records of |
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| 6 | 12 | | deceased state hospital patients. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Chapter 611, Health and Safety Code, is amended |
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| 9 | 15 | | by adding Section 611.0041 to read as follows: |
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| 10 | 16 | | Sec. 611.0041. REQUIRED DISCLOSURE OF CONFIDENTIAL |
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| 11 | 17 | | INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING. |
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| 12 | 18 | | (a) In this section: |
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| 13 | 19 | | (1) "Patient" has the meaning assigned by Section |
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| 14 | 20 | | 552.0011. |
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| 15 | 21 | | (2) "State hospital" has the meaning assigned by |
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| 16 | 22 | | Section 552.0011. |
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| 17 | 23 | | (b) To the extent permitted by federal law, a professional |
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| 18 | 24 | | shall disclose confidential information to the descendant of a |
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| 19 | 25 | | patient of a state hospital if: |
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| 20 | 26 | | (1) the patient has been deceased for at least 50 |
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| 21 | 27 | | years; and |
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| 22 | 28 | | (2) the professional does not have information |
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| 23 | 29 | | indicating that releasing the medical record is inconsistent with |
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| 24 | 30 | | any prior expressed preference of the deceased patient or personal |
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| 25 | 31 | | representatives of the deceased patient's estate. |
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| 26 | 32 | | (c) A person who receives information from confidential |
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| 27 | 33 | | communications or records may not disclose the information except |
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| 28 | 34 | | to the extent that disclosure is consistent with the authorized |
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| 29 | 35 | | purposes for which the person first obtained the information. |
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| 30 | 36 | | SECTION 2. This Act takes effect September 1, 2019. |
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| 31 | | - | ______________________________ ______________________________ |
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| 32 | | - | President of the Senate Speaker of the House |
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| 33 | | - | I certify that H.B. No. 1901 was passed by the House on May 3, |
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| 34 | | - | 2019, by the following vote: Yeas 140, Nays 0, 2 present, not |
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| 35 | | - | voting. |
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| 36 | | - | ______________________________ |
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| 37 | | - | Chief Clerk of the House |
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| 38 | | - | I certify that H.B. No. 1901 was passed by the Senate on May |
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| 39 | | - | 20, 2019, by the following vote: Yeas 31, Nays 0. |
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| 40 | | - | ______________________________ |
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| 41 | | - | Secretary of the Senate |
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| 42 | | - | APPROVED: _____________________ |
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| 43 | | - | Date |
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| 44 | | - | _____________________ |
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| 45 | | - | Governor |
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| 37 | + | * * * * * |
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