Tex.
Health & Safety Code Section 611.0045
Right to Mental Health Record
(a)
Except as otherwise provided by this section, a patient is entitled to have access to the content of a confidential record made about the patient.(b)
The professional may deny access to any portion of a record if the professional determines that release of that portion would be harmful to the patient’s physical, mental, or emotional health.(c)
If the professional denies access to any portion of a record, the professional shall give the patient a signed and dated written statement that having access to the record would be harmful to the patient’s physical, mental, or emotional health and shall include a copy of the written statement in the patient’s records. The statement must specify the portion of the record to which access is denied, the reason for denial, and the duration of the denial.(d)
The professional who denies access to a portion of a record under this section shall redetermine the necessity for the denial at each time a request for the denied portion is made. If the professional again denies access, the professional shall notify the patient of the denial and document the denial as prescribed by Subsection (c).(e)
If a professional denies access to a portion of a confidential record, the professional shall allow examination and copying of the record by another professional if the patient selects the professional to treat the patient for the same or a related condition as the professional denying access.(f)
The content of a confidential record shall be made available to a person listed by Section 611.004 (Authorized Disclosure of Confidential Information Other than in Judicial or Administrative Proceeding)(a)(4) or (5) who is acting on the patient’s behalf.(g)
A professional shall delete confidential information about another person who has not consented to the release, but may not delete information relating to the patient that another person has provided, the identity of the person responsible for that information, or the identity of any person who provided information that resulted in the patient’s commitment.(h)
If a summary or narrative of a confidential record is requested by the patient or other person requesting release under this section, the professional shall prepare the summary or narrative.(i)
The professional or other entity that has possession or control of the record shall grant access to any portion of the record to which access is not specifically denied under this section within a reasonable time and may charge a reasonable fee.(j)
Notwithstanding Section 159.002 (Confidential Communications), Occupations Code, this section applies to the release of a confidential record created or maintained by a professional, including a physician, that relates to the diagnosis, evaluation, or treatment of a mental or emotional condition or disorder, including alcoholism or drug addiction.(k)
The denial of a patient’s access to any portion of a record by the professional or other entity that has possession or control of the record suspends, until the release of that portion of the record, the running of an applicable statute of limitations on a cause of action in which evidence relevant to the cause of action is in that portion of the record.
Source:
Section 611.0045 — Right to Mental Health Record, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.611.htm#611.0045 (accessed Apr. 13, 2024).
