Tex. Health & Safety Code § 611.004

Confidentiality of substance abuse treatment records

Substance abuse treatment records are confidential and privileged to the patient, and may only be disclosed according to the statute. Mental health and substance abuse treatment records are governed by the same statute, as provided for by Tex. Health & Safety Code § 611.001.

Disclosure With Consent

A substance abuse treatment professional may disclose confidential treatment information pursuant to the written consent of the patient. A parent may consent to disclosure on behalf of a minor and a guardian may consent to disclosure on behalf of a patient that has been adjudicated as incompetent. A patient’s personal representative may consent to disclose if the patient is deceased.

Disclosure Without Consent

Substance abuse treatment information may be disclosed without the consent of the patient to a governmental agency if required by law or to medical or law enforcement personnel if there is “a probability of imminent physical injury by the patient to the patient or others or there is a probability of immediate mental or emotional injury to the patient.” Confidential treatment information may be disclosed for audit and program evaluation purposes to qualified personnel, provided that patient identifying information is not published. Information may be disclosed for purposes of obtaining reimbursement. Substance abuse treatment information may also be disclosed to other treatment professionals for purposes of diagnosis and delivering services.