2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
CHAPTER 611. MENTAL HEALTH RECORDS  

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND

MENTAL RETARDATION

CHAPTER 611. MENTAL HEALTH RECORDS

Sec. 611.001. DEFINITIONS. In this chapter:

(1) "Patient" means a person who consults or is interviewed by a

professional for diagnosis, evaluation, or treatment of any

mental or emotional condition or disorder, including alcoholism

or drug addiction.

(2) "Professional" means:

(A) a person authorized to practice medicine in any state or

nation;

(B) a person licensed or certified by this state to diagnose,

evaluate, or treat any mental or emotional condition or disorder;

or

(C) a person the patient reasonably believes is authorized,

licensed, or certified as provided by this subsection.

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

1991.

Sec. 611.002. CONFIDENTIALITY OF INFORMATION AND PROHIBITION

AGAINST DISCLOSURE. (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 or 611.0045.

(c) This section applies regardless of when the patient received

services from a professional.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.11, eff.

Aug. 30, 1993.

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.

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

1991.

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 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 pursuant to Section 74.051(e), Civil Practice

and Remedies Code.

(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.

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

1991. Amended by Acts 1995, 74th Leg., ch. 856, Sec. 8, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1264, Sec. 1, eff. Sept.

1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

138, Sec. 1, eff. September 1, 2005.

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.

(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.

(j) Notwithstanding Section 159.002, Occupations Code, this

section applies to the release of a confidential record created

or maintained by a professional, including a physician, that

relates to the diagnosis, evaluation, or treatment of a mental or

emotional condition or disorder, including alcoholism or drug

addiction.

(k) The denial of a patient's access to any portion of a record

by the professional or other entity that has possession or

control of the record suspends, until the release of that portion

of the record, the running of an applicable statute of

limitations on a cause of action in which evidence relevant to

the cause of action is in that portion of the record.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.12, eff. Aug. 30,

1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.806,

eff. Sept. 1, 2001.

Sec. 611.005. LEGAL REMEDIES FOR IMPROPER DISCLOSURE OR FAILURE

TO DISCLOSE. (a) A person aggrieved by the improper disclosure

of or failure to disclose confidential communications or records

in violation of this chapter may petition the district court of

the county in which the person resides for appropriate relief,

including injunctive relief. The person may petition a district

court of Travis County if the person is not a resident of this

state.

(b) In a suit contesting the denial of access under Section

611.0045, the burden of proving that the denial was proper is on

the professional who denied the access.

(c) The aggrieved person also has a civil cause of action for

damages.

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

1991. Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.13, eff.

Aug. 30, 1993.

Sec. 611.006. AUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION

IN JUDICIAL OR ADMINISTRATIVE PROCEEDING. (a) A professional

may disclose confidential information in:

(1) a judicial or administrative proceeding brought by the

patient or the patient's legally authorized representative

against a professional, including malpractice proceedings;

(2) a license revocation proceeding in which the patient is a

complaining witness and in which disclosure is relevant to the

claim or defense of a professional;

(3) a judicial or administrative proceeding in which the patient

waives the patient's right in writing to the privilege of

confidentiality of information or when a representative of the

patient acting on the patient's behalf submits a written waiver

to the confidentiality privilege;

(4) a judicial or administrative proceeding to substantiate and

collect on a claim for mental or emotional health services

rendered to the patient;

(5) a judicial proceeding if the judge finds that the patient,

after having been informed that communications would not be

privileged, has made communications to a professional in the

course of a court-ordered examination relating to the patient's

mental or emotional condition or disorder, except that those

communications may be disclosed only with respect to issues

involving the patient's mental or emotional health;

(6) a judicial proceeding affecting the parent-child

relationship;

(7) any criminal proceeding, as otherwise provided by law;

(8) a judicial or administrative proceeding regarding the abuse

or neglect, or the cause of abuse or neglect, of a resident of an

institution, as that term is defined by Chapter 242;

(9) a judicial proceeding relating to a will if the patient's

physical or mental condition is relevant to the execution of the

will;

(10) an involuntary commitment proceeding for court-ordered

treatment or for a probable cause hearing under:

(A) Chapter 462;

(B) Chapter 574; or

(C) Chapter 593; or

(11) a judicial or administrative proceeding where the court or

agency has issued an order or subpoena.

(b) On granting an order under Subsection (a)(5), the court, in

determining the extent to which disclosure of all or any part of

a communication is necessary, shall impose appropriate safeguards

against unauthorized disclosure.

Added by Acts 1995, 74th Leg., ch. 856, Sec. 9, eff. Sept. 1,

1995.

Sec. 611.007. REVOCATION OF CONSENT. (a) Except as provided by

Subsection (b), a patient or a patient's legally authorized

representative may revoke a disclosure consent to a professional

at any time. A revocation is valid only if it is written, dated,

and signed by the patient or legally authorized representative.

(b) A patient may not revoke a disclosure that is required for

purposes of making payment to the professional for mental health

care services provided to the patient.

(c) A patient may not maintain an action against a professional

for a disclosure made by the professional in good faith reliance

on an authorization if the professional did not have notice of

the revocation of the consent.

Added by Acts 1995, 74th Leg., ch. 856, Sec. 9, eff. Sept. 1,

1995.

Sec. 611.008. REQUEST BY PATIENT. (a) On receipt of a written

request from a patient to examine or copy all or part of the

patient's recorded mental health care information, a

professional, as promptly as required under the circumstances but

not later than the 15th day after the date of receiving the

request, shall:

(1) make the information available for examination during

regular business hours and provide a copy to the patient, if

requested; or

(2) inform the patient if the information does not exist or

cannot be found.

(b) Unless provided for by other state law, the professional may

charge a reasonable fee for retrieving or copying mental health

care information and is not required to permit examination or

copying until the fee is paid unless there is a medical

emergency.

(c) A professional may not charge a fee for copying mental

health care information under Subsection (b) to the extent the

fee is prohibited under Subchapter M, Chapter 161.

Added by Acts 1995, 74th Leg., ch. 856, Sec. 9, eff. Sept. 1,

1995.