This section is part of the requirement for reporting harm to elderly or handicapped individuals including who may disclose information and what to include when reporting. Texas Civil Practice and Remedies Code §81.006 Sec. 81.006 Duty to Report (Texas.gov, 2011) (a) If a mental health services provider or the employer of a mental health services provider has reasonable cause to suspect that a patient has been the victim of sexual exploitation by a mental health services provider during the course of treatment, or if a patient alleges sexual exploitation by a mental health services provider during the course of treatment, the mental health services provider or the employer shall report the alleged conduct not later than the 30th day after the date the person became aware of the conduct or the allegations to: (1) the prosecuting attorney in the county in which the alleged sexual exploitation occurred; and (2) any state licensing board that has responsibility for the mental health services provider’s licensing. (b) Before making a report under this section, the reporter shall inform the alleged victim of the reporter’s duty to report and shall determine if the alleged victim wants to remain anonymous. (c) A report under this section need contain only the information needed to: (1) identify the reporter. (2) identify the alleged victim, unless the alleged victim has requested anonymity; and (3) express suspicion that sexual exploitation has occurred. (d) Information in a report is privileged information and is for the exclusive use of the prosecuting attorney or state licensing board that receives the information. A person who receives privileged information may not disclose the information except to the extent that disclosure is consistent with the (a) Communications between a patient and a professional, and records of the identity, diagnosis, evaluation, or treatment of a patient that are created or maintained by a professional, are confidential. (b) Confidential communications or records may not be disclosed except as provided by Section 611.004, 611.0041, or 611.0045.( See Below) (b-1) No exception to the privilege of confidentiality under Section 611.004 may be construed to create an independent duty or requirement to disclose the confidential information to which the exception applies. (c) This section applies regardless of when the patient received services from a professional. Sec. 611.003. Persons Who May Claim Privilege of Confidentiality (a) The privilege of confidentiality may be claimed by: (1) the patient. (2) a person listed in Section 611.004(a)(4) or (a)(5) who is acting on the patient’s behalf; or (3) the professional, but only on behalf of the patient. (b) The authority of a professional to claim the privilege of confidentiality on behalf of the patient is presumed in the absence of evidence to the contrary. Sec. 611.004. Authorized Disclosure of Confidential Information Other Than in Judicial or Administrative Proceeding. (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.
authorized purposes for which the person first obtained the information. The identity of an alleged victim of sexual exploitation by a mental health services provider may not be disclosed by the reporter, or by a person who has received or has access to a report or record, unless the alleged victim has consented to the disclosure in writing. (e) A person who intentionally violates Subsection (a) or (d) is subject to disciplinary action by that person’s appropriate licensing board and commits an offense. An offense under this subsection is a Class C misdemeanor. Texas Occupations Code §109.051. Subchapter B. Release of Treatment Information (Texas.gov, 2019c). Sec. 109.051. Release By Persons Providing Mental Health or Medical Services. (a) Information concerning the treatment of a sex offender may be released by a person who: (1) is licensed or certified in this state to provide mental health or medical services, including a: (A) physician; (B) psychiatrist; (C) psychologist; (D) licensed professional counselor; (E) licensed marriage and family therapist; or (F) social worker; and (2) while licensed or certified, provides or provided mental health or medical services for the rehabilitation of sex offenders. (b) Notwithstanding Subtitle B, Title 3, of this code or Chapter 611(Texas.gov,2021), Health and Safety Code, a person described by Subsection (a), on request or in the normal course of business, shall release information concerning the treatment of a sex offender to: (1) another person described by Subsection (a). (2) a criminal justice agency; or (3) a local law enforcement authority. (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 (b) Personnel who receive confidential information under Subsection (a)(3) may not directly or indirectly identify or
Texas Health. and Safety Code Chapter 611: Mental Health Records (Texas.gov, 2021) Sec. 611.002. Confidentiality of Information and Prohibition Against Disclosure. (Texas.gov, 2021).
Page 11
Book Code: PCTX1324
EliteLearning.com/Counselor
Powered by FlippingBook