2005 Texas Health & Safety Code CHAPTER 44. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES

HEALTH & SAFETY CODE

CHAPTER 44. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES

SUBCHAPTER C. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT

Without reference to the addition of Subchapter C by Acts 1997, 75th 
Leg., ch. 775, § 2, Acts 1997, 75th Leg., ch. 784, § 1 
redesignated Chapter 44, Health & Safety Code as Chapter 420, 
Government Code; see Government Code § 420.001 et seq.


	§ 44.051. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT.  An 
individual may act as an advocate for survivors of sexual assault if 
the individual has completed a sexual assault training program 
certified by the department and:
		(1)  is employed by a sexual assault program;  or                             
		(2)  provides services through a sexual assault program 
as a volunteer under the supervision of an advocate.

Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.           

SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONS

Without reference to the addition of Subchapter D by Acts 1997, 75th 
Leg., ch. 775, § 2, Acts 1997, 75th Leg., ch. 784, § 1 
redesignated Chapter 44, Health & Safety Code as Chapter 420, 
Government Code; see Government Code § 420.001 et seq.


	§ 44.071. CONFIDENTIAL COMMUNICATIONS.  (a) A 
communication between an advocate and a survivor, or a person 
claiming to be a survivor, that is made in the course of providing 
sexual assault advocacy services to the survivor is confidential 
and may not be disclosed except as provided by this subchapter.
	(b)  A record of the identity, personal history, or 
background information of a survivor or information concerning the 
victimization of a survivor that is created by or provided to an 
advocate or maintained by a sexual assault program is confidential 
and may not be disclosed except as provided by this subchapter.
	(c)  A person who receives information from a confidential 
communication or record as described by this subchapter may not 
disclose the information except to the extent that disclosure is 
consistent with the authorized purposes for which the information 
was obtained.
	(d)  This subchapter governs a confidential communication or 
record concerning a survivor regardless of when the survivor 
received the services of an advocate or sexual assault program.

Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.           

Without reference to the addition of Subchapter D by Acts 1997, 75th 
Leg., ch. 775, § 2, Acts 1997, 75th Leg., ch. 784, § 1 
redesignated Chapter 44, Health & Safety Code as Chapter 420, 
Government Code; see Government Code § 420.001 et seq.


	§ 44.072. EXCEPTIONS.  (a) A communication or record that 
is confidential under this subchapter may be disclosed in court or 
in an administrative proceeding if:
		(1)  the proceeding is brought by the survivor against 
an advocate or a sexual assault program or is a criminal proceeding 
or a certification revocation proceeding in which disclosure is 
relevant to the claims or defense of the advocate or sexual assault 
program;  or
		(2)  the survivor or a person authorized to act on 
behalf of the survivor consents in writing to the release of the 
confidential information as provided by Section 44.073.
	(b)  A communication or record that is confidential under 
this subchapter may be disclosed only to:
		(1)  medical or law enforcement personnel if the 
advocate determines that there is a probability of imminent 
physical danger to any person for whom the communication or record 
is relevant or if there is a probability of immediate mental or 
emotional injury to the survivor;
		(2)  a governmental agency if the disclosure is 
required or authorized by law;
		(3)  a qualified person to the extent necessary for a 
management audit, financial audit, program evaluation, or 
research, except that a report of the research, audit, or 
evaluation may not directly or indirectly identify a survivor;
		(4)  a person who has the written consent of the 
survivor or of a person authorized to act on the survivor's behalf 
as provided by Section 44.073;  or
		(5)  an advocate or a person under the supervision of a 
counseling supervisor who is participating in the evaluation or 
counseling of or advocacy for the survivor.
	(c)  A communication or record that is confidential under 
this subchapter may not be disclosed to a parent or legal guardian 
of a survivor who is a minor if an advocate or a sexual assault 
program knows or has reason to believe that the parent or legal 
guardian of the survivor is a suspect in the sexual assault of the 
survivor.

Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.           

Without reference to the addition of Subchapter D by Acts 1997, 75th 
Leg., ch. 775, § 2, Acts 1997, 75th Leg., ch. 784, § 1 
redesignated Chapter 44, Health & Safety Code as Chapter 420, 
Government Code; see Government Code § 420.001 et seq.


	§ 44.073. CONSENT.  (a) Consent for the release of 
confidential information must be in writing and signed by the 
survivor, a parent or legal guardian if the survivor is a minor, a 
legal guardian if the survivor has been adjudicated incompetent to 
manage the survivor's personal affairs, an attorney ad litem 
appointed for the survivor, or a personal representative if the 
survivor is deceased.  The written consent must specify:
		(1)  the information or records covered by the release;                       
		(2)  the reason or purpose for the release;  and                              
		(3)  the person to whom the information is to be 
released.                  
	(b)  A survivor or other person authorized to consent may 
withdraw consent to the release of information by submitting a 
written notice of withdrawal to the person or program to which 
consent was provided.  Withdrawal of consent does not affect 
information disclosed before the date written notice of the 
withdrawal was received.
	(c)  A person who receives information made confidential by 
this chapter may not disclose the information except to the extent 
that disclosure is consistent with the authorized purposes for 
which the person obtained the information.

Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.           

Without reference to the addition of Subchapter D by Acts 1997, 75th 
Leg., ch. 775, § 2, Acts 1997, 75th Leg., ch. 784, § 1 
redesignated Chapter 44, Health & Safety Code as Chapter 420, 
Government Code; see Government Code § 420.001 et seq.


	§ 44.074. CRIMINAL SUBPOENA.  Notwithstanding any other 
provision of this chapter, a person shall disclose a communication 
or record that is confidential under this chapter for use in a 
criminal investigation or proceeding in response to a subpoena 
issued in accordance with law.

Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.           


	§ 44.075. OFFENSE.  A person commits an offense if the 
person intentionally or knowingly discloses a communication or 
record that is confidential under this chapter, except as provided 
by this chapter.  An offense under this section is a Class C 
misdemeanor.

Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.