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.
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