HEALTH & SAFETY CODE
CHAPTER 44. SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES
SUBCHAPTER C. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT
§ 44.051. ADVOCATES FOR SURVIVORS OF SEXUAL ASSAULT. An
individual may act as an advocate for survivors of sexual assault if
the individual has completed a sexual assault training program
certified by the department and:
(1) is employed by a sexual assault program; or
(2) provides services through a sexual assault program
as a volunteer under the supervision of an advocate.
Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.
SUBCHAPTER D. CONFIDENTIAL COMMUNICATIONS
§ 44.071. CONFIDENTIAL COMMUNICATIONS. (a) A
communication between an advocate and a survivor, or a person
claiming to be a survivor, that is made in the course of providing
sexual assault advocacy services to the survivor is confidential
and may not be disclosed except as provided by this subchapter.
(b) A record of the identity, personal history, or
background information of a survivor or information concerning the
victimization of a survivor that is created by or provided to an
advocate or maintained by a sexual assault program is confidential
and may not be disclosed except as provided by this subchapter.
(c) A person who receives information from a confidential
communication or record as described by this subchapter may not
disclose the information except to the extent that disclosure is
consistent with the authorized purposes for which the information
was obtained.
(d) This subchapter governs a confidential communication or
record concerning a survivor regardless of when the survivor
received the services of an advocate or sexual assault program.
Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.
§ 44.072. EXCEPTIONS. (a) A communication or record
that is confidential under this subchapter may be disclosed in
court or in an administrative proceeding if:
(1) the proceeding is brought by the survivor against
an advocate or a sexual assault program or is a criminal proceeding
or a certification revocation proceeding in which disclosure is
relevant to the claims or defense of the advocate or sexual assault
program; or
(2) the survivor or a person authorized to act on
behalf of the survivor consents in writing to the release of the
confidential information as provided by Section 44.073.
(b) A communication or record that is confidential under
this subchapter may be disclosed only to:
(1) medical or law enforcement personnel if the
advocate determines that there is a probability of imminent
physical danger to any person for whom the communication or record
is relevant or if there is a probability of immediate mental or
emotional injury to the survivor;
(2) a governmental agency if the disclosure is
required or authorized by law;
(3) a qualified person to the extent necessary for a
management audit, financial audit, program evaluation, or
research, except that a report of the research, audit, or
evaluation may not directly or indirectly identify a survivor;
(4) a person who has the written consent of the
survivor or of a person authorized to act on the survivor's behalf
as provided by Section 44.073; or
(5) an advocate or a person under the supervision of a
counseling supervisor who is participating in the evaluation or
counseling of or advocacy for the survivor.
(c) A communication or record that is confidential under
this subchapter may not be disclosed to a parent or legal guardian
of a survivor who is a minor if an advocate or a sexual assault
program knows or has reason to believe that the parent or legal
guardian of the survivor is a suspect in the sexual assault of the
survivor.
Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.
§ 44.073. CONSENT. (a) Consent for the release of
confidential information must be in writing and signed by the
survivor, a parent or legal guardian if the survivor is a minor, a
legal guardian if the survivor has been adjudicated incompetent to
manage the survivor's personal affairs, an attorney ad litem
appointed for the survivor, or a personal representative if the
survivor is deceased. The written consent must specify:
(1) the information or records covered by the release;
(2) the reason or purpose for the release; and
(3) the person to whom the information is to be
released.
(b) A survivor or other person authorized to consent may
withdraw consent to the release of information by submitting a
written notice of withdrawal to the person or program to which
consent was provided. Withdrawal of consent does not affect
information disclosed before the date written notice of the
withdrawal was received.
(c) A person who receives information made confidential by
this chapter may not disclose the information except to the extent
that disclosure is consistent with the authorized purposes for
which the person obtained the information.
Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.
§ 44.074. CRIMINAL SUBPOENA. Notwithstanding any other
provision of this chapter, a person shall disclose a communication
or record that is confidential under this chapter for use in a
criminal investigation or proceeding in response to a subpoena
issued in accordance with law.
Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.
§ 44.075. OFFENSE. A person commits an offense if the
person intentionally or knowingly discloses a communication or
record that is confidential under this chapter, except as provided
by this chapter. An offense under this section is a Class C
misdemeanor.
Added by Acts 1997, 75th Leg., ch. 775, § 2, eff. Sept. 1, 1997.
