Texas 2019 - 86th Regular

Texas House Bill HB461 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R3645 JG-D
2		-	By: Thompson of Harris~~, et al.~~ H.B. No. 461
	2	+	By: Thompson of Harris H.B. No. 461
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to an exemption from civil liability for certain
8	8		professionals for the disclosure of certain mental health
9	9		information.
10	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11		SECTION 1. Section 611.004, Health and Safety Code, is
12	12		amended by amending Subsection (a) and adding Subsection (a-1) to
13	13		read as follows:
14	14		(a) A professional may disclose confidential information
15	15		only:
16	16		(1) to a governmental agency if the disclosure is
17	17		required or authorized by law;
18	18		(2) to medical, mental health, or law enforcement
19	19		personnel if the professional in good faith determines that there
20	20		is a probability of imminent physical injury by the patient to the
21	21		patient or others or there is a probability of immediate mental or
22	22		emotional injury to the patient;
23	23		(3) to qualified personnel for management audits,
24	24		financial audits, program evaluations, or research, in accordance
25	25		with Subsection (b);
26	26		(4) to a person who has the written consent of the
27	27		patient, or a parent if the patient is a minor, or a guardian if the
28	28		patient has been adjudicated as incompetent to manage the patient's
29	29		personal affairs;
30	30		(5) to the patient's personal representative if the
31	31		patient is deceased;
32	32		(6) to individuals, corporations, or governmental
33	33		agencies involved in paying or collecting fees for mental or
34	34		emotional health services provided by a professional;
35	35		(7) to other professionals and personnel under the
36	36		professionals' direction who participate in the diagnosis,
37	37		evaluation, or treatment of the patient;
38	38		(8) in an official legislative inquiry relating to a
39	39		state hospital or state school as provided by Subsection (c);
40	40		(9) to designated persons or personnel of a
41	41		correctional facility in which a person is detained if the
42	42		disclosure is for the sole purpose of providing treatment and
43	43		health care to the person in custody;
44	44		(10) to an employee or agent of the professional who
45	45		requires mental health care information to provide mental health
46	46		care services or in complying with statutory, licensing, or
47	47		accreditation requirements, if the professional has taken
48	48		appropriate action to ensure that the employee or agent:
49	49		(A) will not use or disclose the information for
50	50		any other purposes; and
51	51		(B) will take appropriate steps to protect the
52	52		information; or
53	53		(11) to satisfy a request for medical records of a
54	54		deceased or incompetent person pursuant to Section 74.051(e), Civil
55	55		Practice and Remedies Code.
56	56		(a-1) A person described by Section 611.001(2)(A) or (B) who
57	57		in good faith discloses confidential information in accordance with
58	58		Subsection (a)(2) of this section is immune from civil liability in
59	59		an action brought against the person for disclosing the
60	60		confidential information.
61	61		SECTION 2. The changes in law made by this Act apply only to
62	62		a disclosure of confidential information made on or after the
63	63		effective date of this Act. A disclosure made before the effective
64	64		date of this Act is governed by the law in effect on the date the
65	65		disclosure was made, and that law is continued in effect for that
66	66		purpose.
67	67		SECTION 3. This Act takes effect September 1, 2019.