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
- Official text
- Tex. Health & Safety Code ch. 611 (Texas Legislature, Texas Constitution and Statutes)
- Tex. Health & Safety Code ch. 611, statute text file served by the Texas Legislative Council
Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.
Research reference, not legal advice.