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.