Health and Safety Code 123115(b) (1995; amended by SB 33, 2009)

Summary:

A health care provider may decline to permit inspection or provide copies of mental health records to the patient at the patient's request when there is a substantial risk of adverse or detrimental consequences to the patient inspecting her own mental health records, subject to certain conditions, including: (1) The health care provider must make a written record, to be included with the mental health records requested, explaining the health care provider's reason for refusal. (2) The health care provider shall permit inspection by, or provide copies of the mental health records to, a licensed physician and surgeon, licensed psychologist, licensed marriage and family therapist, or licensed clinical social worker, designated by request of the patient. Those who are allowed to inspect the patient’s mental health records shall not permit inspection or copying by the patient.

Keywords:
mandatory record keeping, health care provider, mental health patient, mental health professional, mental health, records disclosure to patient
Statutory Scheme:
Patient Access to Health Records(PAHRA)
Data Origin: 
mental health care provider
Parties Bound: 
Health care providers
Pre Emption: 
Yes - partial preemption
Associated Federal Law(s): 
164.524(a)(1)
Access of individuals to protected health information : Right of access: an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set.