Bill Caption

Relating to exemptions from liability for certain professionals for the disclosure of certain mental health information. 

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

HB 549 would prevent civil, criminal or administrative causes of action against professionals who release confidential information to a mental health professional if 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. These professionals would include:

• a person authorized to practice medicine in any state or nation;
• a person licensed or certified by Texas to diagnose, evaluate, or treat any mental or emotional condition or disorder
• or a physician

Such a suit would be required to be dismissed with prejudice. 

Vote Recommendation Notes

While there may be some instances when health professionals should be able to disclose confidential information in order to prevent an imminent physical or mental injury without fear of having a suit filed against them or receiving a penalty, we have some concern that this bill could erode patient/provider confidentiality and may leave a patient without legal recourse in the event that disclosure results in actual harm to the individual. Despite these reservations, Texas Action is neutral on HB 549.