| (a) Communication between a licensee and client and
the client's records, however created or stored, are confidential
under the provisions of the Texas Health and Safety Code, Chapter
611 (relating to Mental Health Records), and other state or federal
statutes or rules where such statutes or rules apply to a licensee's
practice.
(b) A licensee may not disclose any communication,
record, or identity of a client except as provided in Texas Health
and Safety Code, Chapter 611 (relating to Mental Health Records),
or other state or federal statutes or rules.
(c) A licensee must comply with Texas Health and Safety
Code, Chapters 181 (relating to Medical Records Privacy) and 611 (relating
to Mental Health Records), and other state or federal statutes or
rules where such statutes or rules apply to a licensee's practice,
concerning access to and release of mental health records and confidential
information.
(d) A licensee must report or release information as
required by the following statutes:
(1) Texas Family Code, Chapter 261 (relating to Investigation
of Report of Child Abuse or Neglect);
(2) Texas Human Resources Code, Chapter 48 (relating
to Investigations and Protective Services for Elderly Persons and
Persons with Disabilities);
(3) Texas Health and Safety Code, Chapter 161, Subchapter
L (relating to Abuse, Neglect, and Unprofessional or Unethical Conduct
in Healthcare Facilities); and
(4) Texas Civil Practice and Remedies Code, §81.006
(relating to Duty to Report Sexual Exploitation by a Mental Health
Services Provider).
(A) If a licensee has reasonable cause to suspect that
a client has been the victim of a sexual exploitation, sexual contact,
or therapeutic deception by another licensee or a mental health services
provider during therapy or any other course of treatment, or if a
client alleges sexual exploitation, sexual contact, or therapeutic
deception by another licensee or mental health services provider (during
therapy or any other course of treatment), the licensee must report
alleged misconduct not later than the 30th day after the date the
licensee became aware of the misconduct or the allegations to:
(i) the district attorney in the county in which the
alleged sexual exploitation, sexual contact, or therapeutic deception
occurred;
(ii) the council if the misconduct involves a licensee;
and
(iii) any other state licensing agency which licenses
the mental health services provider.
(B) Before making a report under this subsection, the
reporter must inform the alleged victim of the reporter's duty to
report and must determine if the alleged victim wants to remain anonymous.
(C) A report under this subsection is required to contain
only the information needed to:
(i) identify the reporter;
(ii) identify the alleged victim, unless the alleged
victim has requested anonymity;
(iii) express suspicion that sexual exploitation, sexual
contact, or therapeutic deception occurred; and
(iv) provide the name of the alleged perpetrator.
(e) A licensee must keep accurate records of therapeutic
services, including dates of services, types of services, progress
or case notes and billing information for a minimum of seven years
after termination of services or five years after a client reaches
the age of majority, whichever is greater.
(f) Records created by a licensee during the scope
of the licensee's employment by educational institutions; by federal,
state, or local government agencies; or political subdivisions or
programs are not required to comply with the requirements of subsection
(e) of this section.
(g) A licensee must retain and dispose of client records
in such a way that confidentiality is maintained.
(h) In private practice, the licensee must establish
a plan for the custody and control of the licensee's client mental
health records in the event of the licensee's death or incapacity,
or the termination of the licensee's professional services.
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