Section 801.48 - Record Keeping, Confidentiality, Release of Records, and Required Reporting(a) Communication between a licensee and client and the client's records, however created or stored, are confidential under the provisions of the Texas Health and Safety Code, Chapter 611 (relating to Mental Health Records), and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice.(b) A licensee may not disclose any communication, record, or identity of a client except as provided in Texas Health and Safety Code, Chapter 611 (relating to Mental Health Records), or other state or federal statutes or rules.(c) A licensee must comply with Texas Health and Safety Code, Chapters 181 (relating to Medical Records Privacy) and 611 (relating to Mental Health Records), and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice, concerning access to and release of mental health records and confidential information.(d) A licensee must report or release information as required by the following statutes: (1) Texas Family Code, Chapter 261 (relating to Investigation of Report of Child Abuse or Neglect);(2) Texas Human Resources Code, Chapter 48 (relating to Investigations and Protective Services for Elderly Persons and Persons with Disabilities);(3) Texas Health and Safety Code, Chapter 161, Subchapter L (relating to Abuse, Neglect, and Unprofessional or Unethical Conduct in Healthcare Facilities); and(4) Texas Civil Practice and Remedies Code, § 81.006 (relating to Duty to Report Sexual Exploitation by a Mental Health Services Provider).(A) If a licensee has reasonable cause to suspect that a client has been the victim of a sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider during therapy or any other course of treatment, or if a client alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or mental health services provider (during therapy or any other course of treatment), the licensee must report alleged misconduct not later than the 30th day after the date the licensee became aware of the misconduct or the allegations to:(i) the district attorney in the county in which the alleged sexual exploitation, sexual contact, or therapeutic deception occurred;(ii) the council if the misconduct involves a licensee; and(iii) any other state licensing agency which licenses the mental health services provider.(B) Before making a report under this subsection, the reporter must inform the alleged victim of the reporter's duty to report and must determine if the alleged victim wants to remain anonymous.(C) A report under this subsection is required to contain only the information needed to: (i) identify the reporter;(ii) identify the alleged victim, unless the alleged victim has requested anonymity;(iii) express suspicion that sexual exploitation, sexual contact, or therapeutic deception occurred; and(iv) provide the name of the alleged perpetrator.(e) A licensee must keep accurate records of therapeutic services, including dates of services, types of services, progress or case notes and billing information for a minimum of seven years after termination of services or five years after a client reaches the age of majority, whichever is greater.(f) Records created by a licensee during the scope of the licensee's employment by educational institutions; by federal, state, or local government agencies; or political subdivisions or programs are not required to comply with the requirements of subsection (e) of this section.(g) A licensee must retain and dispose of client records in such a way that confidentiality is maintained.(h) In private practice, the licensee must establish a plan for the custody and control of the licensee's client mental health records in the event of the licensee's death or incapacity, or the termination of the licensee's professional services.22 Tex. Admin. Code § 801.48
The provisions of this §801.48 adopted to be effective April 20, 1994, 19 TexReg 2386; amended to be effective November 22, 1996, 21 TexReg 11588; amended to be effective April 11, 2001, 26 TexReg 2713; amended to be effective July 2, 2006, 31 TexReg 5111; amended to be effective May 18, 2008, 33 TexReg 3758; amended to be effective March 31, 2013, 38 TexReg 1982; Amended by Texas Register, Volume 42, Number 11, March 17, 2017, TexReg 1255, eff. 3/26/2017; Amended by Texas Register, Volume 44, Number 09, March 1, 2019, TexReg 1140, eff. 3/7/2019; Adopted by Texas Register, Volume 45, Number 40, October 2, 2020, TexReg 7027, eff. 10/5/2020; Amended by Texas Register, Volume 49, Number 12, March 22, 2024, TexReg 1940, eff. 3/27/2024