Texas 2021 - 87th Regular

Texas House Bill HB549 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 549
	1	+	By: Thompson of Harris (Senate Sponsor - Zaffirini) H.B. No. 549
	2	+	(In the Senate - Received from the House April 19, 2021;
	3	+	May 6, 2021, read first time and referred to Committee on Health &
	4	+	Human Services; May 17, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 17, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 549 By: Seliger
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to exemptions from liability for certain professionals for
6	14		the disclosure of certain mental health information.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 611.002, Health and Safety Code, is
9	17		amended by amending Subsection (b) and adding Subsection (b-1) to
10	18		read as follows:
11	19		(b) Confidential communications or records may not be
12	20		disclosed except as provided by Section 611.004, 611.0041, or
13	21		611.0045.
14	22		(b-1) No exception to the privilege of confidentiality
15	23		under Section 611.004 may be construed to create an independent
16	24		duty or requirement to disclose the confidential information to
17	25		which the exception applies.
18	26		SECTION 2. Section 611.004, Health and Safety Code, is
19	27		amended by amending Subsection (a) and adding Subsection (a-1) to
20	28		read as follows:
21	29		(a) A professional may disclose confidential information
22	30		only:
23	31		(1) to a governmental agency if the disclosure is
24	32		required or authorized by law;
25	33		(2) to medical, mental health, or law enforcement
26	34		personnel if the professional determines that there is a
27	35		probability of imminent physical injury by the patient to the
28	36		patient or others or there is a probability of immediate mental or
29	37		emotional injury to the patient;
30	38		(3) to qualified personnel for management audits,
31	39		financial audits, program evaluations, or research, in accordance
32	40		with Subsection (b);
33	41		(4) to a person who has the written consent of the
34	42		patient, or a parent if the patient is a minor, or a guardian if the
35	43		patient has been adjudicated as incompetent to manage the patient's
36	44		personal affairs;
37	45		(5) to the patient's personal representative if the
38	46		patient is deceased;
39	47		(6) to individuals, corporations, or governmental
40	48		agencies involved in paying or collecting fees for mental or
41	49		emotional health services provided by a professional;
42	50		(7) to other professionals and personnel under the
43	51		professionals' direction who participate in the diagnosis,
44	52		evaluation, or treatment of the patient;
45	53		(8) in an official legislative inquiry relating to a
46	54		state hospital or state school as provided by Subsection (c);
47	55		(9) to designated persons or personnel of a
48	56		correctional facility in which a person is detained if the
49	57		disclosure is for the sole purpose of providing treatment and
50	58		health care to the person in custody;
51	59		(10) to an employee or agent of the professional who
52	60		requires mental health care information to provide mental health
53	61		care services or in complying with statutory, licensing, or
54	62		accreditation requirements, if the professional has taken
55	63		appropriate action to ensure that the employee or agent:
56	64		(A) will not use or disclose the information for
57	65		any other purposes; and
58	66		(B) will take appropriate steps to protect the
59	67		information; or
60	68		(11) to satisfy a request for medical records of a
61	69		deceased or incompetent person pursuant to Section 74.051(e), Civil
62	70		Practice and Remedies Code.
63	71		(a-1) No civil, criminal, or administrative cause of action
64	72		exists against a person described by Section 611.001(2)(A) or (B)
65	73		for the disclosure of confidential information in accordance with
66	74		Subsection (a)(2). A cause of action brought against the person for
67	75		the disclosure of the confidential information must be dismissed
68	76		with prejudice.
69	77		SECTION 3. Section 159.002, Occupations Code, is amended by
70	78		adding Subsection (c-1) to read as follows:
71	79		(c-1) No exception to the privilege of confidentiality
72	80		under Section 159.003 or 159.004 may be construed to create an
73	81		independent duty or requirement to disclose the confidential
74	82		information to which the exception applies.
75	83		SECTION 4. Section 159.004, Occupations Code, is amended to
76	84		read as follows:
77	85		Sec. 159.004. EXCEPTIONS TO CONFIDENTIALITY IN OTHER
78	86		SITUATIONS. (a) An exception to the privilege of confidentiality
79	87		in a situation other than a court or administrative proceeding,
80	88		allowing disclosure of confidential information by a physician,
81	89		exists only with respect to the following:
82	90		(1) a governmental agency, if the disclosure is
83	91		required or authorized by law;
84	92		(2) medical, mental health, or law enforcement
85	93		personnel, if the physician determines that there is a probability
86	94		of:
87	95		(A) imminent physical injury to the patient, the
88	96		physician, or another person; or
89	97		(B) immediate mental or emotional injury to the
90	98		patient;
91	99		(3) qualified personnel for research or for a
92	100		management audit, financial audit, or program evaluation, but the
93	101		personnel may not directly or indirectly identify a patient in any
94	102		report of the research, audit, or evaluation or otherwise disclose
95	103		identity in any manner;
96	104		(4) those parts of the medical records reflecting
97	105		specific services provided if necessary in the collection of fees
98	106		for medical services provided by a physician, professional
99	107		association, or other entity qualified to provide or arrange for
100	108		medical services;
101	109		(5) a person who has consent, as provided by Section
102	110		159.005;
103	111		(6) a person, corporation, or governmental agency
104	112		involved in the payment or collection of fees for medical services
105	113		provided by a physician;
106	114		(7) another physician or other personnel acting under
107	115		the direction of the physician who participate in the diagnosis,
108	116		evaluation, or treatment of the patient;
109	117		(8) an official legislative inquiry regarding state
110	118		hospitals or state schools, if:
111	119		(A) information or a record that identifies a
112	120		patient or client is not released for any purpose unless proper
113	121		consent to the release is given by the patient; and
114	122		(B) only records created by the state hospital or
115	123		school or its employees are included; or
116	124		(9) health care personnel of a penal or other
117	125		custodial institution in which the patient is detained if the
118	126		disclosure is for the sole purpose of providing health care to the
119	127		patient.
120	128		(b) No civil, criminal, or administrative cause of action
121	129		exists against a physician for the disclosure of confidential
122	130		information in accordance with Subsection (a)(2). A cause of
123	131		action brought against a physician for the disclosure of the
124	132		confidential information must be dismissed with prejudice.
125	133		SECTION 5. The changes in law made by this Act apply only to
126	134		a disclosure of confidential information made on or after the
127	135		effective date of this Act. A disclosure made before the effective
128	136		date of this Act is governed by the law in effect on the date the
129	137		disclosure was made, and that law is continued in effect for that
130	138		purpose.
131	139		SECTION 6. This Act takes effect September 1, 2021.
132		-	______________________________ ______________________________
133		-	President of the Senate Speaker of the House
134		-	I certify that H.B. No. 549 was passed by the House on April
135		-	16, 2021, by the following vote: Yeas 117, Nays 28, 2 present, not
136		-	voting; and that the House concurred in Senate amendments to H.B.
137		-	No. 549 on May 28, 2021, by the following vote: Yeas 137, Nays 0, 1
138		-	present, not voting.
139		-	______________________________
140		-	Chief Clerk of the House
141		-	I certify that H.B. No. 549 was passed by the Senate, with
142		-	amendments, on May 20, 2021, by the following vote: Yeas 30, Nays
143		-	1.
144		-	______________________________
145		-	Secretary of the Senate
146		-	APPROVED: __________________
147		-	Date
148		-	__________________
149		-	Governor
	140	+	* * * * *