Bill Text: TX HB1213 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the authority of a mental health professional or school counselor to disclose certain confidential information.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-04-23 - Left pending in committee [HB1213 Detail]

Download: Texas-2013-HB1213-Introduced.html

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83R6080 AED-D
By: Clardy H.B. No. 1213

A BILL TO BE ENTITLED
AN ACT
relating to the authority of a mental health professional or school
counselor to disclose certain confidential information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 611.004, Health and Safety Code, is
amended by adding Subsections (e), (f), and (g) to read as follows:
(e) In addition to the authority provided by Subsection
(a)(2), a professional may disclose confidential information to a
patient's family or a person or group of persons at risk, as
appropriate, as necessary to report a threat communicated to the
professional by the patient if:
(1) the communicated threat is a threat of physical
violence against:
(A) a reasonably identifiable person or group of
persons; or
(B) the patient; and
(2) the professional determines in good faith that
disclosure of the information is necessary to protect the health or
safety of the reasonably identifiable person or group of persons or
the patient.
(f) A school counselor may disclose confidential
information to law enforcement personnel, a student's family, or a
person or group of persons at risk, as appropriate, as necessary to
report a threat communicated to the counselor by the student if:
(1) the communicated threat is a threat of physical
violence against:
(A) a reasonably identifiable person or group of
persons; or
(B) the student; and
(2) the counselor determines in good faith that
disclosure of the information is necessary to protect the health or
safety of the reasonably identifiable person or group of persons or
the student.
(g) A professional or school counselor who discloses
confidential information in accordance with Subsection (e) or (f),
as applicable, is immune from civil or criminal liability for that
disclosure.
SECTION 2. Sections 611.004(e), (f), and (g), Health and
Safety Code, as added 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 that date 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, 2013.