Section 681.45 - Confidentiality 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 and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice. (b) A licensee must not disclose any communication, record, or identity of a client except as provided in Texas Health and Safety Code Chapter 611 or other state or federal statutes or rules. (c) A licensee must comply with Texas Health and Safety Code, Chapters 181 and 611, concerning access to mental health records and confidential information. (d) A licensee must report information as required by §882.36 (relating to Compliance with State and Federal Law) and § 884.32(relating to Reportable Legal Action and Discipline) of this title and the following statutes: (1) Texas Family Code Chapter 261, Subchapter B, concerning report of abuse or neglect of minors; (2) Texas Human Resources Code Chapter 48, Subchapter B, concerning reports of abuse, neglect, or exploitation of elderly or disabled persons; (3) Texas Health and Safety Code Chapter 161, Subchapter L, concerning abuse, neglect, and unprofessional or unethical conduct in health care facilities; and (4) Texas Civil Practice and Remedies Code, § 81.006, concerning duty to report sexual exploitation by a mental health provider. (5) A licensee must comply with Texas Occupations Code § 109.051, relating to the release of treatment information concerning the treatment of a sex offender.22 Tex. Admin. Code § 681.45
The provisions of this §681.45 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective November 21, 2004, 29 TexReg 10512; amended to be effective September 1, 2005, 30 TexReg 4978; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective September 1, 2009, 34 TexReg 5535; amended to be effective December 12, 2013, 38 TexReg 8889; Amended by Texas Register, Volume 44, Number 08, February 22, 2019, TexReg 0854, eff. 2/28/2019; Adopted by Texas Register, Volume 45, Number 46, November 13, 2020, TexReg 8139, eff. 11/19/2020