State Codes and Statutes
Statutes > Texas > Civil-practice-and-remedies-code > Title-6-miscellaneous-provisions > Chapter-144-destruction-of-certain-records
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 144. DESTRUCTION OF CERTAIN RECORDS
Sec. 144.001. DEFINITIONS. In this chapter:
(1) "Former mental health patient" means an individual who:
(A) between January 1, 1986, and December 31, 1993, was admitted
to a mental health facility that has pled guilty, or whose parent
or affiliate corporation has so pled, to unlawfully conspiring to
offer and pay remuneration to any person to induce that person to
refer individuals for services to a mental health facility; and
(B) has been released from that mental health facility; but
(C) was not admitted to the facility on the basis of a court
proceeding that included a commitment hearing that was on the
record.
(2) "Record" means a medical record:
(A) that a federal statute or regulation does not require to be
retained, maintained, or preserved; or
(B) for which the requirement under a federal statute or
regulation to retain, maintain, or preserve the record has
expired.
(3) "Court" means a district or statutory probate court.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.005. COURT RECORDS CONCERNING ORDER. The court shall
seal records concerning an order issued under this chapter and
ensure that the court's records are not open for inspection by
any person except the former mental patient or on further order
of the court after notice to the former mental patient and a
finding of good cause. The institution of a suit or bringing of a
claim by or on behalf of the former mental patient or the former
patient's assignee or insurer constitutes good cause.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.006. COLLATERAL EFFECTS OF ORDER. (a) A former mental
health patient who successfully petitions for an order under this
chapter and a facility or health care provider, or the owner,
operator, parent, or affiliate of a facility or health care
provider, that is subject to an order under this chapter may
deny:
(1) the existence of any record subject to the order;
(2) the existence of the order itself;
(3) the occurrence of the former mental patient's admission to a
mental health facility if the records of the admission are
subject to the order; and
(4) the occurrence of any treatment related to the admission if
the records of the admission are subject to the order.
(b) A former mental health patient who makes a denial under
Subsection (a) or a facility or health care provider, or the
owner, operator, parent, or affiliate of a facility or health
care provider, that is subject to an order under this chapter and
that makes a denial under Subsection (a) is not liable for a
civil or criminal penalty for perjury.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.007. LIMITATION ON CERTAIN LAWSUITS. (a) Except as
provided by Subsection (b), a former mental patient who
successfully petitions a court for an order under this chapter or
a person acting on the former mental patient's behalf may not
file an action against a facility or health care provider, or the
owner, operator, parent, or affiliate of a facility or health
care provider, related to an event or activity that formed the
basis of a record subject to the court's order.
(b) A juvenile former mental health patient whose records have
been sealed under this chapter may file an action or complaint at
any time before the records have been destroyed under Section
144.002(c).
(c) A finding made under this chapter is not admissible against
any party in litigation to establish liability for damages,
expenses, or other relief as an alleged result of any treatment
or admission.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.008. DISCLOSURE OF INFORMATION SUBJECT TO ORDER;
PENALTY. (a) A person commits an offense if the person:
(1) knows of a former mental patient's admission to a mental
health facility;
(2) knows of a court order issued under this chapter that
relates to that admission; and
(3) intentionally releases, disseminates, or publishes a record
or index reference subject to that order.
(b) A person commits an offense if the person:
(1) knowingly fails to delete, seal, destroy, or present to the
court a record or index reference subject to an order issued
under this chapter; and
(2) knows or should know that the record or index reference is
subject to that order.
(c) An offense under this chapter is a Class B misdemeanor.
(d) This chapter does not prohibit an attorney or insurer of a
provider or patient from retaining or communicating
confidentially about a privileged document as necessary to
provide legal advice regarding an actual or potential claim or
issue. The document or communication remains privileged and not
subject to a subpoena.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.009. APPLICABILITY OF OTHER LAW. This chapter
supersedes other state law regarding the retention or destruction
of patient records.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.010. EXPIRATION OF CERTAIN PROVISIONS. Sections
144.002, 144.003, and 144.004 expire January 1, 1999.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
State Codes and Statutes
Statutes > Texas > Civil-practice-and-remedies-code > Title-6-miscellaneous-provisions > Chapter-144-destruction-of-certain-records
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 144. DESTRUCTION OF CERTAIN RECORDS
Sec. 144.001. DEFINITIONS. In this chapter:
(1) "Former mental health patient" means an individual who:
(A) between January 1, 1986, and December 31, 1993, was admitted
to a mental health facility that has pled guilty, or whose parent
or affiliate corporation has so pled, to unlawfully conspiring to
offer and pay remuneration to any person to induce that person to
refer individuals for services to a mental health facility; and
(B) has been released from that mental health facility; but
(C) was not admitted to the facility on the basis of a court
proceeding that included a commitment hearing that was on the
record.
(2) "Record" means a medical record:
(A) that a federal statute or regulation does not require to be
retained, maintained, or preserved; or
(B) for which the requirement under a federal statute or
regulation to retain, maintain, or preserve the record has
expired.
(3) "Court" means a district or statutory probate court.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.005. COURT RECORDS CONCERNING ORDER. The court shall
seal records concerning an order issued under this chapter and
ensure that the court's records are not open for inspection by
any person except the former mental patient or on further order
of the court after notice to the former mental patient and a
finding of good cause. The institution of a suit or bringing of a
claim by or on behalf of the former mental patient or the former
patient's assignee or insurer constitutes good cause.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.006. COLLATERAL EFFECTS OF ORDER. (a) A former mental
health patient who successfully petitions for an order under this
chapter and a facility or health care provider, or the owner,
operator, parent, or affiliate of a facility or health care
provider, that is subject to an order under this chapter may
deny:
(1) the existence of any record subject to the order;
(2) the existence of the order itself;
(3) the occurrence of the former mental patient's admission to a
mental health facility if the records of the admission are
subject to the order; and
(4) the occurrence of any treatment related to the admission if
the records of the admission are subject to the order.
(b) A former mental health patient who makes a denial under
Subsection (a) or a facility or health care provider, or the
owner, operator, parent, or affiliate of a facility or health
care provider, that is subject to an order under this chapter and
that makes a denial under Subsection (a) is not liable for a
civil or criminal penalty for perjury.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.007. LIMITATION ON CERTAIN LAWSUITS. (a) Except as
provided by Subsection (b), a former mental patient who
successfully petitions a court for an order under this chapter or
a person acting on the former mental patient's behalf may not
file an action against a facility or health care provider, or the
owner, operator, parent, or affiliate of a facility or health
care provider, related to an event or activity that formed the
basis of a record subject to the court's order.
(b) A juvenile former mental health patient whose records have
been sealed under this chapter may file an action or complaint at
any time before the records have been destroyed under Section
144.002(c).
(c) A finding made under this chapter is not admissible against
any party in litigation to establish liability for damages,
expenses, or other relief as an alleged result of any treatment
or admission.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.008. DISCLOSURE OF INFORMATION SUBJECT TO ORDER;
PENALTY. (a) A person commits an offense if the person:
(1) knows of a former mental patient's admission to a mental
health facility;
(2) knows of a court order issued under this chapter that
relates to that admission; and
(3) intentionally releases, disseminates, or publishes a record
or index reference subject to that order.
(b) A person commits an offense if the person:
(1) knowingly fails to delete, seal, destroy, or present to the
court a record or index reference subject to an order issued
under this chapter; and
(2) knows or should know that the record or index reference is
subject to that order.
(c) An offense under this chapter is a Class B misdemeanor.
(d) This chapter does not prohibit an attorney or insurer of a
provider or patient from retaining or communicating
confidentially about a privileged document as necessary to
provide legal advice regarding an actual or potential claim or
issue. The document or communication remains privileged and not
subject to a subpoena.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.009. APPLICABILITY OF OTHER LAW. This chapter
supersedes other state law regarding the retention or destruction
of patient records.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.010. EXPIRATION OF CERTAIN PROVISIONS. Sections
144.002, 144.003, and 144.004 expire January 1, 1999.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
State Codes and Statutes
Statutes >
Texas >
Civil-practice-and-remedies-code >
Title-6-miscellaneous-provisions >
Chapter-144-destruction-of-certain-records CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 144. DESTRUCTION OF CERTAIN RECORDS
Sec. 144.001. DEFINITIONS. In this chapter:
(1) "Former mental health patient" means an individual who:
(A) between January 1, 1986, and December 31, 1993, was admitted
to a mental health facility that has pled guilty, or whose parent
or affiliate corporation has so pled, to unlawfully conspiring to
offer and pay remuneration to any person to induce that person to
refer individuals for services to a mental health facility; and
(B) has been released from that mental health facility; but
(C) was not admitted to the facility on the basis of a court
proceeding that included a commitment hearing that was on the
record.
(2) "Record" means a medical record:
(A) that a federal statute or regulation does not require to be
retained, maintained, or preserved; or
(B) for which the requirement under a federal statute or
regulation to retain, maintain, or preserve the record has
expired.
(3) "Court" means a district or statutory probate court.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.005. COURT RECORDS CONCERNING ORDER. The court shall
seal records concerning an order issued under this chapter and
ensure that the court's records are not open for inspection by
any person except the former mental patient or on further order
of the court after notice to the former mental patient and a
finding of good cause. The institution of a suit or bringing of a
claim by or on behalf of the former mental patient or the former
patient's assignee or insurer constitutes good cause.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.006. COLLATERAL EFFECTS OF ORDER. (a) A former mental
health patient who successfully petitions for an order under this
chapter and a facility or health care provider, or the owner,
operator, parent, or affiliate of a facility or health care
provider, that is subject to an order under this chapter may
deny:
(1) the existence of any record subject to the order;
(2) the existence of the order itself;
(3) the occurrence of the former mental patient's admission to a
mental health facility if the records of the admission are
subject to the order; and
(4) the occurrence of any treatment related to the admission if
the records of the admission are subject to the order.
(b) A former mental health patient who makes a denial under
Subsection (a) or a facility or health care provider, or the
owner, operator, parent, or affiliate of a facility or health
care provider, that is subject to an order under this chapter and
that makes a denial under Subsection (a) is not liable for a
civil or criminal penalty for perjury.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.007. LIMITATION ON CERTAIN LAWSUITS. (a) Except as
provided by Subsection (b), a former mental patient who
successfully petitions a court for an order under this chapter or
a person acting on the former mental patient's behalf may not
file an action against a facility or health care provider, or the
owner, operator, parent, or affiliate of a facility or health
care provider, related to an event or activity that formed the
basis of a record subject to the court's order.
(b) A juvenile former mental health patient whose records have
been sealed under this chapter may file an action or complaint at
any time before the records have been destroyed under Section
144.002(c).
(c) A finding made under this chapter is not admissible against
any party in litigation to establish liability for damages,
expenses, or other relief as an alleged result of any treatment
or admission.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.008. DISCLOSURE OF INFORMATION SUBJECT TO ORDER;
PENALTY. (a) A person commits an offense if the person:
(1) knows of a former mental patient's admission to a mental
health facility;
(2) knows of a court order issued under this chapter that
relates to that admission; and
(3) intentionally releases, disseminates, or publishes a record
or index reference subject to that order.
(b) A person commits an offense if the person:
(1) knowingly fails to delete, seal, destroy, or present to the
court a record or index reference subject to an order issued
under this chapter; and
(2) knows or should know that the record or index reference is
subject to that order.
(c) An offense under this chapter is a Class B misdemeanor.
(d) This chapter does not prohibit an attorney or insurer of a
provider or patient from retaining or communicating
confidentially about a privileged document as necessary to
provide legal advice regarding an actual or potential claim or
issue. The document or communication remains privileged and not
subject to a subpoena.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.009. APPLICABILITY OF OTHER LAW. This chapter
supersedes other state law regarding the retention or destruction
of patient records.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Sec. 144.010. EXPIRATION OF CERTAIN PROVISIONS. Sections
144.002, 144.003, and 144.004 expire January 1, 1999.
Added by Acts 1997, 75th Leg., ch. 1295, Sec. 1, eff. Sept. 1,
1997.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
