reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 595.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.001. Confidentiality of Records

Sec. 595.001.  CONFIDENTIALITY OF RECORDS.  Records of the identity, diagnosis, evaluation, or treatment of a person that are maintained in connection with the performance of a program or activity relating to an intellectual disability are confidential and may be disclosed only for the purposes and under the circumstances authorized by this chapter, subject to applicable federal and other state law.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1469, eff. April 2, 2015.|
TX Health & Safety Code § 595.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.002. Rules

Sec. 595.002.  RULES.  The executive commissioner shall adopt rules to carry out this chapter that are necessary or proper to:(1)  prevent circumvention or evasion of the chapter; or(2)  facilitate compliance with the chapter.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1470, eff. April 2, 2015.|
TX Health & Safety Code § 595.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.003. Consent to Disclosure

Sec. 595.003.  CONSENT TO DISCLOSURE.  (a)  The content of a confidential record may be disclosed in accordance with the prior written consent of:(1)  the person about whom the record is maintained;(2)  the person's parent if the person is a minor;(3)  the guardian if the person has been adjudicated incompetent to manage the person's personal affairs;  or(4)  if the person is dead:(A)  the executor or administrator of the deceased's estate;  or(B)  if an executor or administrator has not been appointed, the deceased's spouse or, if the deceased was not married, an adult related to the deceased within the first degree of consanguinity.(b)  Disclosure is permitted only to the extent, under the circumstances, and for the purposes allowed under department rules.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 595.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.004. Right to Personal Record

Sec. 595.004.  RIGHT TO PERSONAL RECORD.  (a)  The content of a confidential record shall be made available on the request of the person about whom the record was made unless:(1)  the person is a client;  and(2)  the qualified professional responsible for supervising the client's habilitation states in a signed written statement that having access to the record is not in the client's best interest.(b)  The parent of a minor or the guardian of the person shall be given access to the contents of any record about the minor or person.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 595.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.005. Exceptions

Sec. 595.005.  EXCEPTIONS.  (a)  The content of a confidential record may be disclosed without the consent required under Section 595.003 to:(1)  medical personnel to the extent necessary to meet a medical emergency;(2)  qualified personnel for management audits, financial audits, program evaluations, or research approved by the department; or(3)  personnel legally authorized to conduct investigations concerning complaints of abuse or denial of rights of persons with an intellectual disability.(b)  A person who receives confidential information under Subsection (a)(2) may not directly or indirectly identify a person receiving services in a report of the audit, evaluation, or research, or otherwise disclose any identities.(c)  The department may disclose without the consent required under Section 595.003 a person's educational records to a school district that provides or will provide educational services to the person.(d)  If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause, the content of a record may be disclosed without the consent required under Section 595.003.  In determining whether there is good cause, a court shall weigh the public interest and need for disclosure against the injury to the person receiving services.  On granting the order, the court, in determining the extent to which any disclosure of all or any part of a record is necessary, shall impose appropriate safeguards against unauthorized disclosure.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1471, eff. April 2, 2015.|
TX Health & Safety Code § 595.0055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.0055. Disclosure of Name and Birth and Death Dates for Certain Purposes

Sec. 595.0055.  DISCLOSURE OF NAME AND BIRTH AND DEATH DATES FOR CERTAIN PURPOSES.  (a)  In this section, "cemetery organization" and "funeral establishment" have the meanings assigned by Section 711.001.(b)  Notwithstanding any other law, on request by a representative of a cemetery organization or funeral establishment, the director of a residential care facility shall release to the representative the name, date of birth, or date of death of a person who was a resident at the facility when the person died, unless the person or the person's guardian provided written instructions to the facility not to release the person's name or dates of birth and death.  A representative of a cemetery organization or a funeral establishment may use a name or date released under this subsection only for the purpose of inscribing the name or date on a grave marker.|Added by Acts 2003, 78th Leg., ch. 174, Sec. 2, eff. May 27, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1472, eff. April 2, 2015.|
TX Health & Safety Code § 595.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.006. Use of Record in Criminal Proceedings

Sec. 595.006.  USE OF RECORD IN CRIMINAL PROCEEDINGS.  Except as authorized by a court order under Section 595.005, a confidential record may not be used to:(1)  initiate or substantiate a criminal charge against a person receiving services;  or(2)  conduct an investigation of a person receiving services.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 595.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.007. Confidentiality of Past Services

Sec. 595.007.  CONFIDENTIALITY OF PAST SERVICES.  The prohibition against disclosing information in a confidential record applies regardless of when the person received services.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 595.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.008. Exchange of Records

Sec. 595.008.  EXCHANGE OF RECORDS.  The prohibitions against disclosure apply to an exchange of records between government agencies or persons, except for exchanges of information necessary for:(1)  delivery of services to clients; or(2)  payment for intellectual disability services as defined in this subtitle.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1473, eff. April 2, 2015.|
TX Health & Safety Code § 595.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.009. Receipt of Information by Persons Other Than Client or Patient

Sec. 595.009.  RECEIPT OF INFORMATION BY PERSONS OTHER THAN CLIENT OR PATIENT.  (a)  A person who receives information that is confidential under this chapter may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the information was obtained.(b)  This section does not apply to the person about whom the record is made, or the parent, if the person is a minor, or the guardian of the person.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 595.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle D - Persons With an Intellectual Disability Act|Chapter 595 - Records|Section 595.010. Disclosure of Physical or Mental Condition

Sec. 595.010.  DISCLOSURE OF PHYSICAL OR MENTAL CONDITION.  This chapter does not prohibit a qualified professional from disclosing the current physical and mental condition of a person with an intellectual disability to the person's parent, guardian, relative, or friend.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1474, eff. April 2, 2015.|
TX Health & Safety Code § 611.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 611 - Mental Health Records|Section 611.001. Definitions

Sec. 611.001.  DEFINITIONS.  In this chapter:(1)  "Patient" means a person who consults or is interviewed by a professional for diagnosis, evaluation, or treatment of any mental or emotional condition or disorder, including alcoholism or drug addiction.(2)  "Professional" means:(A)  a person authorized to practice medicine in any state or nation;(B)  a person licensed or certified by this state to diagnose, evaluate, or treat any mental or emotional condition or disorder;  or(C)  a person the patient reasonably believes is authorized, licensed, or certified as provided by this subsection.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 611.002 (2021)
2021 Texas Statutes|Health and Safety Code|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

Sec. 611.002.  CONFIDENTIALITY OF INFORMATION AND PROHIBITION AGAINST DISCLOSURE.  (a)  Communications between a patient and a professional, and records of the identity, diagnosis, evaluation, or treatment of a patient that are created or maintained by a professional, are confidential.(b)  Confidential communications or records may not be disclosed except as provided by Section 611.004, 611.0041, or 611.0045.(b-1)  No exception to the privilege of confidentiality under Section 611.004 may be construed to create an independent duty or requirement to disclose the confidential information to which the exception applies.(c)  This section applies regardless of when the patient received services from a professional.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.11, eff. Aug. 30, 1993.Amended by: Acts 2021, 87th Leg., R.S., Ch. 633 (H.B. 549), Sec. 1, eff. September 1, 2021.|
TX Health & Safety Code § 611.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 611 - Mental Health Records|Section 611.003. Persons Who May Claim Privilege of Confidentiality

Sec. 611.003.  PERSONS WHO MAY CLAIM PRIVILEGE OF CONFIDENTIALITY.  (a)  The privilege of confidentiality may be claimed by:(1)  the patient;(2)  a person listed in Section 611.004(a)(4) or (a)(5) who is acting on the patient's behalf;  or(3)  the professional, but only on behalf of the patient.(b)  The authority of a professional to claim the privilege of confidentiality on behalf of the patient is presumed in the absence of evidence to the contrary.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 611.0041 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 611 - Mental Health Records|Section 611.0041. Required Disclosure of Confidential Information Other Than in Judicial or Administrative Proceeding

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.|
TX Health & Safety Code § 611.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 611 - Mental Health Records|Section 611.005. Legal Remedies for Improper Disclosure or Failure to Disclose

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.|
TX Health & Safety Code § 611.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 611 - Mental Health Records|Section 611.006. Authorized Disclosure of Confidential Information in Judicial or Administrative Proceeding

Sec. 611.006.  AUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.  (a)  A professional may disclose confidential information in:(1)  a judicial or administrative proceeding brought by the patient or the patient's legally authorized representative against a professional, including malpractice proceedings;(2)  a license revocation proceeding in which the patient is a complaining witness and in which disclosure is relevant to the claim or defense of a professional;(3)  a judicial or administrative proceeding in which the patient waives the patient's right in writing to the privilege of confidentiality of information or when a representative of the patient acting on the patient's behalf submits a written waiver to the confidentiality privilege;(4)  a judicial or administrative proceeding to substantiate and collect on a claim for mental or emotional health services rendered to the patient;(5)  a judicial proceeding if the judge finds that the patient, after having been informed that communications would not be privileged, has made communications to a professional in the course of a court-ordered examination relating to the patient's mental or emotional condition or disorder, except that those communications may be disclosed only with respect to issues involving the patient's mental or emotional health;(6)  a judicial proceeding affecting the parent-child relationship;(7)  any criminal proceeding, as otherwise provided by law;(8)  a judicial or administrative proceeding regarding the abuse or neglect, or the cause of abuse or neglect, of a resident of an institution, as that term is defined by Chapter 242;(9)  a judicial proceeding relating to a will if the patient's physical or mental condition is relevant to the execution of the will;(10)  an involuntary commitment proceeding for court-ordered treatment or for a probable cause hearing under:(A)  Chapter 462;(B)  Chapter 574;  or(C)  Chapter 593;  or(11)  a judicial or administrative proceeding where the court or agency has issued an order or subpoena.(b)  On granting an order under Subsection (a)(5), the court, in determining the extent to which disclosure of all or any part of a communication is necessary, shall impose appropriate safeguards against unauthorized disclosure.|Added by Acts 1995, 74th Leg., ch. 856, Sec. 9, eff. Sept. 1, 1995.|
TX Health & Safety Code § 611.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 611 - Mental Health Records|Section 611.007. Revocation of Consent

Sec. 611.007.  REVOCATION OF CONSENT.  (a)  Except as provided by Subsection (b), a patient or a patient's legally authorized representative may revoke a disclosure consent to a professional at any time.  A revocation is valid only if it is written, dated, and signed by the patient or legally authorized representative.(b)  A patient may not revoke a disclosure that is required for purposes of making payment to the professional for mental health care services provided to the patient.(c)  A patient may not maintain an action against a professional for a disclosure made by the professional in good faith reliance on an authorization if the professional did not have notice of the revocation of the consent.|Added by Acts 1995, 74th Leg., ch. 856, Sec. 9, eff. Sept. 1, 1995.|
TX Health & Safety Code § 611.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 611 - Mental Health Records|Section 611.008. Request by Patient

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.|
TX Health & Safety Code § 612.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 612 - Interstate Compact on Mental Health|Section 612.002. Compact Administrator

Sec. 612.002.  COMPACT ADMINISTRATOR.  (a)  Under the compact, the governor shall appoint the executive commissioner of the Health and Human Services Commission as the compact administrator.(b)  The compact administrator may appoint a designee to perform the administrator's duties.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1487, eff. April 2, 2015.|
TX Health & Safety Code § 612.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 612 - Interstate Compact on Mental Health|Section 612.004. General Powers and Duties of Administrator

Sec. 612.004.  GENERAL POWERS AND DUTIES OF ADMINISTRATOR.  (a)  The compact administrator, acting jointly with like officers of other states that are parties to the compact, may adopt rules to carry out the compact more effectively.(b)  The compact administrator shall cooperate with all departments, agencies, and officers of this state and its subdivisions in facilitating the proper administration of the compact or of a supplementary agreement entered into by this state under the compact.(c)  For informational purposes, the compact administrator shall file with the secretary of state notice of compact meetings for publication in the Texas Register.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 612.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 612 - Interstate Compact on Mental Health|Section 612.005. Supplementary Agreements

Sec. 612.005.  SUPPLEMENTARY AGREEMENTS.  (a)  The compact administrator may enter into supplementary agreements with appropriate officials of other states under Articles VII and XI of the compact.(b)  If a supplementary agreement requires or contemplates the use of an institution or facility of this state or requires or contemplates the provision of a service by this state, the supplementary agreement does not take effect until approved by the executive commissioner and the head of the department or agency:(1)  under whose jurisdiction the institution or facility is operated; or(2)  that will perform the service.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1488, eff. April 2, 2015.|
TX Health & Safety Code § 612.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation|Chapter 612 - Interstate Compact on Mental Health|Section 612.006. Financial Agreements

Sec. 612.006.  FINANCIAL AGREEMENTS.  The compact administrator may make or arrange for the payments necessary to discharge the financial obligations imposed on this state by the compact or by a supplementary agreement entered into under the compact, subject to the approval of the comptroller.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|