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CHAPTER 109. RELEASE OF SEX OFFENDER TREATMENT INFORMATION

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OCCUPATIONS CODETITLE 3. HEALTH PROFESSIONSSUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLYCHAPTER 109. RELEASE OF SEX OFFENDER TREATMENT INFORMATIONSUBCHAPTER A. GENERAL PROVISIONSSec. 109.001.DEFINITIONS.In this chapter:(1)"Administration of criminal justice" and "criminal justiceagency" have the meanings assigned by Article 60.01, Code ofCriminal Procedure.(2)"Local law enforcement authority" has the meaning assignedby Article 62.001, Code of Criminal Procedure.(3)"Sex offender" has the meaning assigned by Section 9(m),Article 42.12, Code of Criminal Procedure.Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.Sept. 1, 2003.Amended by:Acts 2005, 79th Leg., Ch.1008, Sec. 2.10, eff. September 1, 2005.Sec. 109.002.PURPOSE OF RELEASING INFORMATION.A person who isrequired by this chapter to release or obtain information may doso only for the administration of criminal justice.Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,eff. April 10, 2003.Sec. 109.003.IMMUNITY FROM DAMAGES.A person who releases orobtains information as authorized by this chapter is not liablefor damages arising from the release of the information.Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.Sept. 1, 2003.SUBCHAPTER B. RELEASE OF TREATMENT INFORMATIONSec. 109.051.RELEASE BY PERSONS PROVIDING MENTAL HEALTH ORMEDICAL SERVICES.(a)Information concerning the treatment of asex offender may be released by a person who:(1)is licensed or certified in this state to provide mentalhealth or medical services, including a:(A)physician;(B)psychiatrist;(C)psychologist;(D)licensed professional counselor;(E)licensed marriage and family therapist; or(F)social worker; and(2)while licensed or certified, provides or provided mentalhealth or medical services for the rehabilitation of sexoffenders.(b)Notwithstanding Subtitle B, Title 3, of this code or Chapter611, Health and Safety Code, a person described by Subsection(a), on request or in the normal course of business, shallrelease information concerning the treatment of a sex offenderto:(1)another person described by Subsection (a);(2)a criminal justice agency; or(3)a local law enforcement authority.Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,eff. April 10, 2003.Sec. 109.052.RELEASE BY CRIMINAL JUSTICE AGENCY.A criminaljustice agency, on request or in the normal course of officialbusiness, shall release information concerning the treatment of asex offender to:(1)another criminal justice agency;(2)a local law enforcement authority; or(3)a person described by Section 109.051(a).Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,eff. April 10, 2003.Sec. 109.053.RELEASE BY LOCAL LAW ENFORCEMENT AUTHORITY.Alocal law enforcement authority, on request or in the normalcourse of official business, shall release information concerningthe treatment of a sex offender to:(1)another local law enforcement authority;(2)a criminal justice agency; or(3)a person described by Section 109.051(a).Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,eff. April 10, 2003.Sec. 109.054.TREATMENT INFORMATION.In this subchapter,information concerning the treatment of a sex offender includes:(1)criminal history;(2)the discharge summary;(3)the official offense report;(4)progress reports;(5)test results;(6)victim statements; and(7)any other information necessary for the treatment of the sexoffender.Added by Acts 2005, 79th Leg., Ch.1089, Sec. 2, eff. September 1, 2005.
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  • OCCUPATIONS CODE

    TITLE 3. HEALTH PROFESSIONS

    SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY

    CHAPTER 109. RELEASE OF SEX OFFENDER TREATMENT INFORMATION

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 109.001. DEFINITIONS. In this chapter:

    (1) "Administration of criminal justice" and "criminal justice

    agency" have the meanings assigned by Article 60.01, Code of

    Criminal Procedure.

    (2) "Local law enforcement authority" has the meaning assigned

    by Article 62.001, Code of Criminal Procedure.

    (3) "Sex offender" has the meaning assigned by Section 9(m),

    Article 42.12, Code of Criminal Procedure.

    Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.

    Sept. 1, 2003.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    1008, Sec. 2.10, eff. September 1, 2005.

    Sec. 109.002. PURPOSE OF RELEASING INFORMATION. A person who is

    required by this chapter to release or obtain information may do

    so only for the administration of criminal justice.

    Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.

    Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,

    eff. April 10, 2003.

    Sec. 109.003. IMMUNITY FROM DAMAGES. A person who releases or

    obtains information as authorized by this chapter is not liable

    for damages arising from the release of the information.

    Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.

    Sept. 1, 2003.

    SUBCHAPTER B. RELEASE OF TREATMENT INFORMATION

    Sec. 109.051. RELEASE BY PERSONS PROVIDING MENTAL HEALTH OR

    MEDICAL SERVICES. (a) Information concerning the treatment of a

    sex offender may be released by a person who:

    (1) is licensed or certified in this state to provide mental

    health or medical services, including a:

    (A) physician;

    (B) psychiatrist;

    (C) psychologist;

    (D) licensed professional counselor;

    (E) licensed marriage and family therapist; or

    (F) social worker; and

    (2) while licensed or certified, provides or provided mental

    health or medical services for the rehabilitation of sex

    offenders.

    (b) Notwithstanding Subtitle B, Title 3, of this code or Chapter

    611, Health and Safety Code, a person described by Subsection

    (a), on request or in the normal course of business, shall

    release information concerning the treatment of a sex offender

    to:

    (1) another person described by Subsection (a);

    (2) a criminal justice agency; or

    (3) a local law enforcement authority.

    Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.

    Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,

    eff. April 10, 2003.

    Sec. 109.052. RELEASE BY CRIMINAL JUSTICE AGENCY. A criminal

    justice agency, on request or in the normal course of official

    business, shall release information concerning the treatment of a

    sex offender to:

    (1) another criminal justice agency;

    (2) a local law enforcement authority; or

    (3) a person described by Section 109.051(a).

    Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.

    Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,

    eff. April 10, 2003.

    Sec. 109.053. RELEASE BY LOCAL LAW ENFORCEMENT AUTHORITY. A

    local law enforcement authority, on request or in the normal

    course of official business, shall release information concerning

    the treatment of a sex offender to:

    (1) another local law enforcement authority;

    (2) a criminal justice agency; or

    (3) a person described by Section 109.051(a).

    Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff.

    Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,

    eff. April 10, 2003.

    Sec. 109.054. TREATMENT INFORMATION. In this subchapter,

    information concerning the treatment of a sex offender includes:

    (1) criminal history;

    (2) the discharge summary;

    (3) the official offense report;

    (4) progress reports;

    (5) test results;

    (6) victim statements; and

    (7) any other information necessary for the treatment of the sex

    offender.

    Added by Acts 2005, 79th Leg., Ch.

    1089, Sec. 2, eff. September 1, 2005.

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