(a) Licensees utilize business practices and provide
services in a manner that safeguards the privacy and confidentiality
of patients and clients.
(b) Licensees must inform their patients or clients
about confidentiality and foreseeable limitations on confidentiality
created by existing and reasonably foreseeable circumstances prior
to the commencement of services as part of the informed consent process.
(c) Licensees keep patients and clients informed of
all changes in circumstances affecting confidentiality as they arise.
(d) Licensees comply with Chapter 611 of the Texas
Health and Safety Code and all other state and federal law applicable
to patient or client confidentiality.
(e) Licensees disclose confidential information without
the consent of a patient or client only in compliance with applicable
state and federal law.
(f) Licensees who release confidential records relating
to a patient or client that also contain confidential information
relating to a second patient or client that the licensee obtained
through the provision of services to that second individual, and who
lack consent or other legal authority to disclose the second individual's
identity or records, must remove all identifying and confidential
information relating to the second individual before releasing the
records.
(g) Licensees may share information for consultation
purposes without a consent only to the extent necessary to achieve
the purposes of the consultation. Licenses shall exclude information
that could lead to the identification of the patient or client.
(h) Licensees shall not require a patient or client
to waive a legal right to confidentiality as a condition of providing
services.
(i) Licensees include in written and oral reports and
consultations, only information germane to the purpose for which the
communication is made.
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