SECTION 382.125. Confidentiality and Consent  


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  • (a) Confidentiality required. An FPP health-care provider must maintain all health care information as confidential to the extent required by law.

    (b) Written release authorization. Before an FPP health-care provider may release any information that might identify a particular client, that client must authorize the release in writing. If the client is a minor, the client's parent, managing conservator, or guardian, as authorized by Chapter 32 of the Texas Family Code or by federal law or regulations, must authorize the release.

    (c) Confidentiality training. An FPP health-care provider's staff (paid and unpaid) must be informed during orientation of the importance of keeping client information confidential.

    (d) Records monitoring. An FPP health-care provider must monitor client records to ensure that only appropriate staff and HHSC may access the records.

    (e) Assurance of confidentiality. An FPP health-care provider must verbally assure each client that her records are confidential and must explain the meaning of confidentiality.

    (f) Consent for minors. FPP services must be provided with consent from the minor's parent, managing conservator, or guardian only as authorized by Texas Family Code, Chapter 32, or by federal law or regulations.

    (g) A FPP health-care provider may not require consent for family planning services from the spouse of a married client.

Source Note: The provisions of this §382.125 adopted to be effective July 1, 2016, 41 TexReg 4630