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Mental Health Records - Tex. Health & Safety Code § 611.002 et seq.

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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient or patient’s legal guardian if the patient is a minor or adjudicated as incompetent may consent to the disclosure of information relating to their mental health in writing.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         To a governmental agency as required by law
·         In the context of a medical emergency to medical or law enforcement personnel
·         For audit, program evaluation or research purposes, provided that the qualified personnel that receive the information do not disclose patient-identifying information
·         If the patient is deceased, to the patient’s personal representative
·         To third party payers for purposes of securing payment for mental health services
·         To other providers for diagnosis, evaluation, or treatment purposes
·         To correctional facility personnel for purposes of delivering services to someone in custody
Disclosure Pursuant to Court Order:
Confidential information may be disclosed in a proceeding brought by a patient or the patient’s representative in an action against the mental health professional, such as a malpractice action, in a license revocation proceeding if the patient consents in writing to the disclosure, in a claim to recover payment for services delivered, as otherwise required by law, in a proceeding regarding a parent-child relationship, or in the context of an involuntary commitment.
A court may order disclosure, but limit disclosure to the extent necessary to protect the patient.
An individual may bring an action against anyone they believe violated the statute by making an unauthorized disclosure of their confidential mental health information, and seek injunctive relief as well as actual damages.

Current as of June 2015