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                                                                  H.B. No. 741




AN ACT

relating to updating citations to Chapter 74, Civil Practice and 
Remedies Code, in Chapter 611, Health and Safety Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 611.004(a), Health and Safety Code, is 
amended to read as follows:
	(a)  A professional may disclose confidential information 
only:              
		(1)  to a governmental agency if the disclosure is 
required or authorized by law;
		(2)  to medical or law enforcement personnel if the 
professional determines that there is a probability of imminent 
physical injury by the patient to the patient or others or there is 
a probability of immediate mental or emotional injury to the 
patient;
		(3)  to qualified personnel for management audits, 
financial audits, program evaluations, or research, in accordance 
with Subsection (b);
		(4)  to a person who has the written consent of the 
patient, or a parent if the patient is a minor, or a guardian if the 
patient has been adjudicated as incompetent to manage the patient's 
personal affairs;
		(5)  to the patient's personal representative if the 
patient is deceased;   
		(6)  to individuals, corporations, or governmental 
agencies involved in paying or collecting fees for mental or 
emotional health services provided by a professional;
		(7)  to other professionals and personnel under the 
professionals' direction who participate in the diagnosis, 
evaluation, or treatment of the patient;
		(8)  in an official legislative inquiry relating to a 
state hospital or state school as provided by Subsection (c);
		(9)  to designated persons or personnel of a 
correctional facility in which a person is detained if the 
disclosure is for the sole purpose of providing treatment and 
health care to the person in custody;
		(10)  to an employee or agent of the professional who 
requires mental health care information to provide mental health 
care services or in complying with statutory, licensing, or 
accreditation requirements, if the professional has taken 
appropriate action to ensure that the employee or agent:
			(A)  will not use or disclose the information for 
any other purposes;  and 
			(B)  will take appropriate steps to protect the 
information;  or           
		(11)  to satisfy a request for medical records of a 
deceased or incompetent person pursuant to Section 74.051(e), Civil 
Practice and Remedies Code [4.01(e), Medical Liability and 
Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas 
Civil Statutes)].
	SECTION 2.  This Act applies only to a request made on or 
after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 741 was passed by the House on March 
23, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 741 was passed by the Senate on May 
10, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor