TexasCHLforum.com

Keith B wrote:

nightmare wrote:

beko55t wrote:I am having a moral struggle over this.

So you decided to join an internet forum and on your first day ask a bunch of strangers to be your moral compass?

OK. Whatever, but I hope you're aware of the penalties for violating the HIPAA Privacy Rule.

HIPAA would only apply if the individual was involved in providing the care professionally.

nd, this was a perfectly legitimate question to ask as others on the forum may have had to deal with a similar situation.

nightmare, not sure of the criticism for someone looking to "do the right thing". It would pain me tremendously if someone with knowledge didn't speak up and somebody got injured or worse (even if they were a stranger to me or a personal acquaintance to you.) But whatever. Yes, I joined this forum specifically to ask this question. Somebody ask that poor nurse in England the penalties for violating the HIPAA Privacy Rule. And as others have pointed out, this only applies to those providing the care not with me knowing you and your history. By "you", I am referring to the anonymous individual that prompted the question. What would you do? What would you hope I would do? Are the answers the same? WHATEVER

TexasGal wrote:The DPS is not going to deny a license unless this person's diagnosis/history meets the legal guidelines set forth in the law for serious mental illness. They do not do it lightly nor for things that are minor. A person who needs meds to control mood may have one of those listed mental illnesses or may not. If he has been treated in a hospital and it was not a voluntary admission, that is of concern. If you inform the DPS, it will not be your call that causes a denial of this person's license, but the facts they find out as a result of investigation and even then, the decision can be appealed to a medical board.

So, if I understand this correctly. The DPS has the means to determine if an applicant has a disqualifying condition whether or not one discloses a disqualification on his/her application. If this is the case I can rest at night knowing that they have vetted the applicant and are issuing permits to people that meet the requirements. I will, as suggested, MMOB.

flechero wrote:Can you provide any context? I ask because I am generally of the opinion that if the mandated checks don't DQ a person then we shouldn't either... because our opinions aren't a legal diagnosis. (and according to many libs- just the desire to carry might be "a reason to drop a dime.") So I'm very cautious on the topic.

Thanks,
flechero

Just know that they have had a history (several occurrences) of mental treatment and not sure of an actual diagnosis just a history of this type of problems. Possibly even medication to control moods.

I have personal knowledge that an applicant has a disqualifying event or condition. Do I notify the Texas DPS or let them sort it out. If it helps, it is regards to a psychiatric disorder. I am having a moral struggle over this.