Bill Text: TX HB1901 | 2019-2020 | 86th Legislature | Enrolled
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-Enrolled.html
| H.B. No. 1901 | ||
|
|
||
| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1901 was passed by the House on May 3, | ||
| 2019, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1901 was passed by the Senate on May | ||
| 20, 2019, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
