Bill Text: TX HB1561 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to access to a deceased person's mental health information.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-04-29 - Considered in Calendars [HB1561 Detail]
Download: Texas-2013-HB1561-Introduced.html
| 83R6639 KKR-F | ||
| By: Klick | H.B. No. 1561 | |
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| relating to access to a deceased person's mental health | ||
| information. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 611.004(a), Health and Safety Code, is | ||
| amended 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 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 executor or administrator of a deceased | ||
| patient's estate or, if an executor or administrator has not been | ||
| appointed, to: | ||
| (A) the deceased patient's spouse; or | ||
| (B) an adult related to the deceased patient | ||
| within the first degree of consanguinity for a deceased patient who | ||
| was not married [ |
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| (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. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
