(a) Except as stated in subsection (b) of this section, you have a right to look at or get a copy of the information that DHS keeps in a designated record set about you.
(b) DHS may refuse to let you look at or get a copy of the information, either with or without giving you a chance for a review of DHS's decision.
  (1) You have a right to have DHS's decision reviewed when:
    (A) a licensed health care professional decides that giving you the information would be likely to put you or another person in danger;
    (B) the information refers to another person other than a health care provider and a licensed health care professional decides that giving you the information would be likely to cause substantial harm to the other person; or
    (C) your personal representative asks for the information and a licensed health care professional decides that giving your personal representative the information would be likely to cause you or another person substantial harm.
  (2) You do not have a right to have DHS's decision reviewed when:
    (A) the information is psychotherapy notes;
    (B) the information was collected in anticipation of or for use in a civil, criminal, or administrative proceeding; or
    (C) DHS got the information from someone other than a health care provider with a promise of confidentiality and believes that giving you the information would be likely to disclose the source of the information.
(c) To ask for information under subsection (a) of this section, contact:
  (1) the DHS office that grants your license, certificate, or permit, if you receive a license, certificate, or permit from DHS;
  (2) your local office, if you are served by one or more DHS programs; or
  (3) the DHS Privacy Officer in writing at Texas Department of Human Services Y-994, P.O. Box 149030, Austin, Texas 78714-9030, if neither paragraphs (1) nor (2) of this subsection apply.
(d) To ask for a review under subsection (b)(1) of this section, send your request in writing to the DHS Privacy Officer at Texas Department of Human Services Y-994, P.O. Box 149030, Austin, Texas 78714-9030.

Source Note: The provisions of this §71.302 adopted to be effective April 14, 2003, 28 TexReg 2356