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