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.
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