HIPAA, Mental Health Care, and CHL

[ChrisATX]

Something confuses me. I'm looking at Texas CHL:

"(d) For purposes of Subsection (a)(7), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;"

Isn't this technically impossible for them to find out due to HIPAA?

I was doing this research as I have dealt with anxiety, and still undergo treatment, but have NEVER been declared a risk or danger to myself, others, etc. I'm just a normal dude with an anxiety disorder who had a really rough childhood.

What really caught my eye:

"Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time."

Really? Get a letter for your doctor for something that's none of their damn business and they should have absolutely NO way of legally finding out about due to HIPAA? Does applying for a CHL trump your right to doctor-patient confidentiality and HIPAA?

The whole mental health broad brush gray area really puts a thorn in my ass. I'm a responsible firearms owner. I'm safer than 99% of people I see at the range or LGS on any given day. I have taught several people how to shoot and handle firearms safely.

[WildBill]

Something confuses me. I'm looking at Texas CHL:

"(d) For purposes of Subsection (a)(7), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person:
(1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability;"

Isn't this technically impossible for them to find out due to HIPAA?

Welcome to the forum.

These conditions would be something that you would report on your application. It would not be obtained from any search performed by DPS. I believe that you also sign a release form so the DPS can obtain records when performing the background search.