Privacy Law Library

Mental Health Records Confidentiality

Texas Mental Health Records Law

Health

Makes communications with mental health professionals and their records of identity, diagnosis, evaluation, and treatment confidential, allows disclosure only under listed exceptions, and gives patients a right to access their records unless a professional documents that access would be harmful.

Where
Texas
Citation
Tex. Health & Safety Code ch. 611 (611.001-611.008)
Status
In force
In force since
1991-09-01
Last amended
2021-09-01
Enforced by
Aggrieved patients (courts); licensing boards
People can sue
Yes
Penalties
Injunctive relief and a civil action for damages for improper disclosure or failure to disclose (611.005).
Applies to
  • Professionals: persons authorized to practice medicine, persons licensed or certified in Texas to diagnose, evaluate, or treat mental or emotional conditions (including substance use), and persons a patient reasonably believes are so authorized (611.001(2))

Rights it gives people

  • Patients may access their mental health records; any denial must be in a signed, dated written statement specifying the portion, reason, and duration.Tex. Health & Safety Code 611.0045
  • Patients may revoke consent to disclosure in writing, subject to exceptions.Tex. Health & Safety Code 611.007

Practices it requires

  • Keep patient communications and mental health records confidential; disclose only under 611.004, 611.0041, or 611.0045.Tex. Health & Safety Code 611.002

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Research reference, not legal advice.