| (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
and other state or federal statutes or rules where such statutes or
rules apply to a licensee's practice.
(b) A licensee must not disclose any communication,
record, or identity of a client except as provided in Texas Health
and Safety Code Chapter 611 or other state or federal statutes or
rules.
(c) A licensee must comply with Texas Health and Safety
Code, Chapters 181 and 611, concerning access to mental health records
and confidential information.
(d) A licensee must report information as required
by Council §§882.36 (relating to Compliance with State and
Federal Law) and 884.32 (relating to Reportable Legal Action and Discipline)
and the following statutes:
(1) Texas Family Code Chapter 261, Subchapter B, concerning
report of abuse or neglect of minors;
(2) Texas Human Resources Code Chapter 48, Subchapter
B, concerning reports of abuse, neglect, or exploitation of elderly
or disabled persons;
(3) Texas Health and Safety Code Chapter 161, Subchapter
L, concerning abuse, neglect, and unprofessional or unethical conduct
in health care facilities;
(4) Texas Civil Practice and Remedies Code, §81.006,
concerning duty to report sexual exploitation by a mental health provider;
and
(5) A licensee must comply with Texas Occupations Code §109.051
relating to the release of treatment information concerning the treatment
of a sex offender.
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