H.B. No. 549
AN ACT
relating to exemptions from 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 611.002, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Confidential communications or records may not be
disclosed except as provided by Section 611.004, 611.0041, or
611.0045.
(b-1) No exception to the privilege of confidentiality
under Section 611.004 may be construed to create an independent
duty or requirement to disclose the confidential information to
which the exception applies.
SECTION 2. 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 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) No civil, criminal, or administrative cause of action
exists against a person described by Section 611.001(2)(A) or (B)
for the disclosure of confidential information in accordance with
Subsection (a)(2). A cause of action brought against the person for
the disclosure of the confidential information must be dismissed
with prejudice.
SECTION 3. Section 159.002, Occupations Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) No exception to the privilege of confidentiality
under Section 159.003 or 159.004 may be construed to create an
independent duty or requirement to disclose the confidential
information to which the exception applies.
SECTION 4. Section 159.004, Occupations Code, is amended to
read as follows:
Sec. 159.004. EXCEPTIONS TO CONFIDENTIALITY IN OTHER
SITUATIONS. (a) An exception to the privilege of confidentiality
in a situation other than a court or administrative proceeding,
allowing disclosure of confidential information by a physician,
exists only with respect to the following:
(1) a governmental agency, if the disclosure is
required or authorized by law;
(2) medical, mental health, or law enforcement
personnel, if the physician determines that there is a probability
of:
(A) imminent physical injury to the patient, the
physician, or another person; or
(B) immediate mental or emotional injury to the
patient;
(3) qualified personnel for research or for a
management audit, financial audit, or program evaluation, but the
personnel may not directly or indirectly identify a patient in any
report of the research, audit, or evaluation or otherwise disclose
identity in any manner;
(4) those parts of the medical records reflecting
specific services provided if necessary in the collection of fees
for medical services provided by a physician, professional
association, or other entity qualified to provide or arrange for
medical services;
(5) a person who has consent, as provided by Section
159.005;
(6) a person, corporation, or governmental agency
involved in the payment or collection of fees for medical services
provided by a physician;
(7) another physician or other personnel acting under
the direction of the physician who participate in the diagnosis,
evaluation, or treatment of the patient;
(8) an official legislative inquiry regarding state
hospitals or state schools, if:
(A) information or a record that identifies a
patient or client is not released for any purpose unless proper
consent to the release is given by the patient; and
(B) only records created by the state hospital or
school or its employees are included; or
(9) health care personnel of a penal or other
custodial institution in which the patient is detained if the
disclosure is for the sole purpose of providing health care to the
patient.
(b) No civil, criminal, or administrative cause of action
exists against a physician for the disclosure of confidential
information in accordance with Subsection (a)(2). A cause of
action brought against a physician for the disclosure of the
confidential information must be dismissed with prejudice.
SECTION 5. 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 6. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 549 was passed by the House on April
16, 2021, by the following vote: Yeas 117, Nays 28, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 549 on May 28, 2021, by the following vote: Yeas 137, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 549 was passed by the Senate, with
amendments, on May 20, 2021, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor