Texas Health and Safety Code 595.005 – Exceptions
Current as of: 2024 | Check for updates
|
Other versions
(a) The content of a confidential record may be disclosed without the consent required under § 595.003 to:
(1) medical personnel to the extent necessary to meet a medical emergency;
(2) qualified personnel for management audits, financial audits, program evaluations, or research approved by the department; or
(3) personnel legally authorized to conduct investigations concerning complaints of abuse or denial of rights of persons with an intellectual disability.
(b) A person who receives confidential information under Subsection (a)(2) may not directly or indirectly identify a person receiving services in a report of the audit, evaluation, or research, or otherwise disclose any identities.
Terms Used In Texas Health and Safety Code 595.005
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The department may disclose without the consent required under § 595.003 a person’s educational records to a school district that provides or will provide educational services to the person.
(d) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause, the content of a record may be disclosed without the consent required under § 595.003. In determining whether there is good cause, a court shall weigh the public interest and need for disclosure against the injury to the person receiving services. On granting the order, the court, in determining the extent to which any disclosure of all or any part of a record is necessary, shall impose appropriate safeguards against unauthorized disclosure.