Texas 2021 - 87th Regular

Texas Senate Bill SB1143 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3333 JG-F
2	2	By: Zaffirini S.B. No. 1143
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 determines that there is a
20	20	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) No cause of action exists against a person described
57	57	by Section 611.001(2)(A) or (B) for the disclosure of confidential
58	58	information under Subsection (a)(2). A cause of action brought
59	59	against the person for the disclosure of the confidential
60	60	information must be dismissed with prejudice.
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, 2021.