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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1088 (H.B. 1901), Sec. 1, eff. September 1, 2019.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation
Chapter 611 - Mental Health Records
Section 611.002. Confidentiality of Information and Prohibition Against Disclosure
Section 611.003. Persons Who May Claim Privilege of Confidentiality
Section 611.0045. Right to Mental Health Record
Section 611.005. Legal Remedies for Improper Disclosure or Failure to Disclose