Bill Text: TX HB1901 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the disclosure of certain mental health records of deceased state hospital patients.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1901 Detail]
Download: Texas-2019-HB1901-Engrossed.html
Bill Title: Relating to the disclosure of certain mental health records of deceased state hospital patients.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1901 Detail]
Download: Texas-2019-HB1901-Engrossed.html
86R19404 EAS-F | ||
By: Bonnen of Galveston | H.B. No. 1901 |
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relating to the disclosure of certain mental health records of | ||
deceased state hospital patients. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 611, Health and Safety Code, is amended | ||
by adding Section 611.0041 to read as follows: | ||
Sec. 611.0041. REQUIRED DISCLOSURE OF CONFIDENTIAL | ||
INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING. | ||
(a) In this section: | ||
(1) "Patient" has the meaning assigned by Section | ||
552.0011. | ||
(2) "State hospital" has the meaning assigned by | ||
Section 552.0011. | ||
(b) To the extent permitted by federal law, a professional | ||
shall disclose confidential information to the descendant of a | ||
patient of a state hospital if: | ||
(1) the patient has been deceased for at least 50 | ||
years; and | ||
(2) the professional does not have information | ||
indicating that releasing the medical record is inconsistent with | ||
any prior expressed preference of the deceased patient or personal | ||
representatives of the deceased patient's estate. | ||
(c) 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. | ||
SECTION 2. This Act takes effect September 1, 2019. |