Bill Text: TX SB859 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the authority of a health care practitioner to disclose to law enforcement agencies and prosecutors a suspected human trafficking victim's health information.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Health & Human Services [SB859 Detail]
Download: Texas-2019-SB859-Introduced.html
| 86R9838 SCL-D | ||
| By: Perry | S.B. No. 859 | |
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| relating to the authority of a health care practitioner to disclose | ||
| to law enforcement agencies and prosecutors a suspected human | ||
| trafficking victim's health information. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 161, Health and Safety Code, is amended | ||
| by adding Subchapter E-1 to read as follows: | ||
| SUBCHAPTER E-1. AUTHORIZED DISCLOSURE OF HUMAN TRAFFICKING VICTIM | ||
| INFORMATION | ||
| Sec. 161.051. DEFINITION. In this subchapter, "health care | ||
| practitioner" means an individual who holds a license, certificate, | ||
| permit, or other authorization issued under Title 3, Occupations | ||
| Code, to engage in a health care profession. | ||
| Sec. 161.052. DISCLOSURE OF SUSPECTED HUMAN TRAFFICKING | ||
| VICTIM. (a) A health care practitioner may disclose an | ||
| individual's health information to any local, state, or federal law | ||
| enforcement agency or prosecutor without the individual's consent | ||
| if: | ||
| (1) the practitioner reasonably believes the | ||
| individual is a victim of abuse as a result of conduct constituting | ||
| an offense under Chapter 20A, Penal Code; and | ||
| (2) the practitioner, in the exercise of the | ||
| practitioner's professional judgment, believes the disclosure is | ||
| necessary to prevent serious harm to the individual or other | ||
| potential victims. | ||
| (b) An individual who in good faith discloses information | ||
| under this section is not subject to civil or criminal liability for | ||
| damages arising out of the disclosure. | ||
| (c) A law enforcement agency that receives information | ||
| under Subsection (a) may submit that information to the attorney | ||
| general, the Department of Public Safety of the State of Texas, | ||
| another local, state, or federal law enforcement agency, or a | ||
| local, state, or federal prosecutor as evidence of the commission | ||
| of an offense. The agency or prosecutor may use the submitted | ||
| information for the investigation and prosecution of an offense. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
