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. (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 otherwise disclose the identity of a patient in a report or in any other manner. (c) The exception in Subsection (a)(8) applies only to records created by the state hospital or state school or by the employees of the hospital or school. Information or records that identify a patient may be released only with the patient’s proper consent. (d) A person who receives information from confidential communications or records may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the person first obtained the information. This subsection does not apply to a person listed in Subsection (a)(4) or (a)(5) who is acting on the patient’s behalf. Sec. 611.0041. Required Disclosure of Confidential Information other Than in Judicial or Administrative Proceeding. This section allows for disclosure of information to a descendant of a patient in a state hospital that has been deceased for 50 years and there is not documentation that
indicates the disclosure is inconsistent with the wishes of the patient, their representative, or their estate. Sec. 611.0045. Right to Mental Health Record (a) Except as otherwise provided by this section, a patient is entitled to have access to the content of a confidential record made about the patient. (b) The professional may deny access to any portion of a record if the professional determines that release of that portion would be harmful to the patient’s physical, mental, or emotional health. (c) If the professional denies access to any portion of a record, the professional shall give the patient a signed and dated written statement that having access to the record would be harmful to the patient’s physical, mental, or emotional health and shall include a copy of the written statement in the patient’s records. The statement must specify the portion of the record to which access is denied, the reason for denial, and the duration of the denial. (d) The professional who denies access to a portion of a record under this section shall redetermine the necessity for the denial at each time a request for the denied portion is made. If the professional again denies access, the professional shall notify the patient of the denial and document the denial as prescribed by Subsection (c). (e) If a professional denies access to a portion of a confidential record, the professional shall allow examination and copying of the record by another professional if the patient selects the professional to treat the patient for the same or a related condition as the professional denying access. (f) The content of a confidential record shall be made available to a person listed by Section 611.004(a)(4) or (5) who is acting on the patient’s behalf.(See first section). (g) A professional shall delete confidential information about another person who has not consented to the release but may not delete information relating to the patient that another person has provided, the identity of the person responsible for that information, or the identity of any person who provided information that resulted in the patient’s commitment. (h) If a summary or narrative of a confidential record is requested by the patient or other person requesting release under this section, the professional shall prepare the summary or narrative. (i) The professional or other entity that has possession or control of the record shall grant access to any portion of the record to which access is not specifically denied under this section within a reasonable time and may charge a reasonable fee. Sec. 611.004. Authorized Disclosure of Confidential Information Other Than in Judicial or Administrative Proceeding. Duty to Warn: The Texas Health and Safety Code This section includes the following Texas law regulations that cover this topic (Texas.gov, 2021): (a) A professional may disclose confidential information only: (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. This section has an important distinction to consider, particularly in the case of warning third parties. Texas limits disclosure to medical or law enforcement personnel only, and it would be up to those agencies to decide to warn if
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Book Code: PCTX1325
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