2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
CHAPTER 595. RECORDS  

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE D. PERSONS WITH MENTAL RETARDATION ACT

CHAPTER 595. RECORDS

Sec. 595.001. CONFIDENTIALITY OF RECORDS. Records of the

identity, diagnosis, evaluation, or treatment of a person that

are maintained in connection with the performance of a program or

activity relating to mental retardation are confidential and may

be disclosed only for the purposes and under the circumstances

authorized under Sections 595.003 and 595.004.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 595.002. RULES. The board shall adopt rules to carry out

this chapter that the department considers necessary or proper

to:

(1) prevent circumvention or evasion of the chapter; or

(2) facilitate compliance with the chapter.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 595.003. CONSENT TO DISCLOSURE. (a) The content of a

confidential record may be disclosed in accordance with the prior

written consent of:

(1) the person about whom the record is maintained;

(2) the person's parent if the person is a minor;

(3) the guardian if the person has been adjudicated incompetent

to manage the person's personal affairs; or

(4) if the person is dead:

(A) the executor or administrator of the deceased's estate; or

(B) if an executor or administrator has not been appointed, the

deceased's spouse or, if the deceased was not married, an adult

related to the deceased within the first degree of consanguinity.

(b) Disclosure is permitted only to the extent, under the

circumstances, and for the purposes allowed under department

rules.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 595.004. RIGHT TO PERSONAL RECORD. (a) The content of a

confidential record shall be made available on the request of the

person about whom the record was made unless:

(1) the person is a client; and

(2) the qualified professional responsible for supervising the

client's habilitation states in a signed written statement that

having access to the record is not in the client's best interest.

(b) The parent of a minor or the guardian of the person shall be

given access to the contents of any record about the minor or

person.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 595.005. EXCEPTIONS. (a) The content of a confidential

record may be disclosed without the consent required under

Section 595.003 to:

(1) medical personnel to the extent necessary to meet a medical

emergency;

(2) qualified personnel for management audits, financial audits,

program evaluations, or research approved by the department; or

(3) personnel legally authorized to conduct investigations

concerning complaints of abuse or denial of rights of persons

with mental retardation.

(b) A person who receives confidential information under

Subsection (a)(2) may not directly or indirectly identify a

person receiving services in a report of the audit, evaluation,

or research, or otherwise disclose any identities.

(c) The department may disclose without the consent required

under Section 595.003 a person's educational records to a school

district that provides or will provide educational services to

the person.

(d) If authorized by an appropriate order of a court of

competent jurisdiction granted after application showing good

cause, the content of a record may be disclosed without the

consent required under Section 595.003. In determining whether

there is good cause, a court shall weigh the public interest and

need for disclosure against the injury to the person receiving

services. On granting the order, the court, in determining the

extent to which any disclosure of all or any part of a record is

necessary, shall impose appropriate safeguards against

unauthorized disclosure.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 595.0055. DISCLOSURE OF NAME AND BIRTH AND DEATH DATES FOR

CERTAIN PURPOSES. (a) In this section, "cemetery organization"

and "funeral establishment" have the meanings assigned by Section

711.001.

(b) Notwithstanding any other law, on request by a

representative of a cemetery organization or funeral

establishment, the superintendent of a residential care facility

shall release to the representative the name, date of birth, or

date of death of a person who was a resident at the facility when

the person died, unless the person or the person's guardian

provided written instructions to the facility not to release the

person's name or dates of birth and death. A representative of a

cemetery organization or a funeral establishment may use a name

or date released under this subsection only for the purpose of

inscribing the name or date on a grave marker.

Added by Acts 2003, 78th Leg., ch. 174, Sec. 2, eff. May 27,

2003.

Sec. 595.006. USE OF RECORD IN CRIMINAL PROCEEDINGS. Except as

authorized by a court order under Section 595.005, a confidential

record may not be used to:

(1) initiate or substantiate a criminal charge against a person

receiving services; or

(2) conduct an investigation of a person receiving services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 595.007. CONFIDENTIALITY OF PAST SERVICES. The prohibition

against disclosing information in a confidential record applies

regardless of when the person received services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 595.008. EXCHANGE OF RECORDS. The prohibitions against

disclosure apply to an exchange of records between government

agencies or persons, except for exchanges of information

necessary for:

(1) delivery of services to clients; or

(2) payment for mental retardation services as defined in this

subtitle.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 595.009. RECEIPT OF INFORMATION BY PERSONS OTHER THAN

CLIENT OR PATIENT. (a) A person who receives information that

is confidential under this chapter may not disclose the

information except to the extent that disclosure is consistent

with the authorized purposes for which the information was

obtained.

(b) This section does not apply to the person about whom the

record is made, or the parent, if the person is a minor, or the

guardian of the person.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 595.010. DISCLOSURE OF PHYSICAL OR MENTAL CONDITION. This

chapter does not prohibit a qualified professional from

disclosing the current physical and mental condition of a person

with mental retardation to the person's parent, guardian,

relative, or friend.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.