Texas 2021 - 87th Regular

Texas Senate Bill SB1143 Latest Draft

Bill / Introduced Version Filed 03/08/2021

                            87R3333 JG-F
 By: Zaffirini S.B. No. 1143


 A BILL TO BE ENTITLED
 AN ACT
 relating to an exemption from civil 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 611.004, 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 cause of action exists against a person described
 by Section 611.001(2)(A) or (B) for the disclosure of confidential
 information under Subsection (a)(2).  A cause of action brought
 against the person for the disclosure of the confidential
 information must be dismissed with prejudice.
 SECTION 2.  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 3.  This Act takes effect September 1, 2021.