| 1 | 1 | | 86R9838 SCL-D |
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| 2 | 2 | | By: Perry S.B. No. 859 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a health care practitioner to disclose |
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| 8 | 8 | | to law enforcement agencies and prosecutors a suspected human |
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| 9 | 9 | | trafficking victim's health information. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 161, Health and Safety Code, is amended |
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| 12 | 12 | | by adding Subchapter E-1 to read as follows: |
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| 13 | 13 | | SUBCHAPTER E-1. AUTHORIZED DISCLOSURE OF HUMAN TRAFFICKING VICTIM |
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| 14 | 14 | | INFORMATION |
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| 15 | 15 | | Sec. 161.051. DEFINITION. In this subchapter, "health care |
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| 16 | 16 | | practitioner" means an individual who holds a license, certificate, |
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| 17 | 17 | | permit, or other authorization issued under Title 3, Occupations |
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| 18 | 18 | | Code, to engage in a health care profession. |
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| 19 | 19 | | Sec. 161.052. DISCLOSURE OF SUSPECTED HUMAN TRAFFICKING |
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| 20 | 20 | | VICTIM. (a) A health care practitioner may disclose an |
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| 21 | 21 | | individual's health information to any local, state, or federal law |
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| 22 | 22 | | enforcement agency or prosecutor without the individual's consent |
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| 23 | 23 | | if: |
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| 24 | 24 | | (1) the practitioner reasonably believes the |
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| 25 | 25 | | individual is a victim of abuse as a result of conduct constituting |
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| 26 | 26 | | an offense under Chapter 20A, Penal Code; and |
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| 27 | 27 | | (2) the practitioner, in the exercise of the |
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| 28 | 28 | | practitioner's professional judgment, believes the disclosure is |
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| 29 | 29 | | necessary to prevent serious harm to the individual or other |
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| 30 | 30 | | potential victims. |
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| 31 | 31 | | (b) An individual who in good faith discloses information |
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| 32 | 32 | | under this section is not subject to civil or criminal liability for |
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| 33 | 33 | | damages arising out of the disclosure. |
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| 34 | 34 | | (c) A law enforcement agency that receives information |
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| 35 | 35 | | under Subsection (a) may submit that information to the attorney |
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| 36 | 36 | | general, the Department of Public Safety of the State of Texas, |
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| 37 | 37 | | another local, state, or federal law enforcement agency, or a |
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| 38 | 38 | | local, state, or federal prosecutor as evidence of the commission |
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| 39 | 39 | | of an offense. The agency or prosecutor may use the submitted |
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| 40 | 40 | | information for the investigation and prosecution of an offense. |
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| 41 | 41 | | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2019. |
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