86R3645 JG-D
By: Thompson of Harris H.B. No. 461
A BILL TO BE ENTITLED
AN ACT
relating to an exemption from civil liability for certain
professionals for the disclosure of certain mental health
information.
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 Subsection (a-1) 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, mental health, or law enforcement
personnel if the professional in good faith 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.
(a-1) A person described by Section 611.001(2)(A) or (B) who
in good faith discloses confidential information in accordance with
Subsection (a)(2) of this section is immune from civil liability in
an action brought against the person for disclosing the
confidential information.
SECTION 2. The changes in law made by this Act apply only to
a disclosure of confidential information made on or after the
effective date of this Act. A disclosure made before the effective
date of this Act is governed by the law in effect on the date the
disclosure was made, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2019.