Filed18July20A9:45
`ChrisDaniel-DistrictClerk
`HarrisCounty
`EA001_145238
`By:AOLIVER
`
`CAUSE NO. 1575404
`
`STATE OF TEXAS
`
`VS.
`
`SEAN ANTHONY DEATON
`
`
`
`
`
`§
`§
`§
`§
`§
`
`IN THE 182ND RIC JUDICIAL
`
`DISTRICT COURT OF
`
`HARRIS COUNTY, TEXAS
`
`───────────────────────────────────────────────────
`
`STATE’S MOTION FOR PROTECTIVE ORDER
`
`───────────────────────────────────────────────────
`THE STATE OF TEXAS moves for an order protecting records related to medical
`treatment provided to Sean Anthony Deaton (hereinafter “PATIENT”).
`
`I.
`The State of Texas requests that the Court take judicial notice of the contents of its
`file in the instant case. See TEX. R. EVID. 201(b), (d).
`On July 20, 2018, the State of Texas filed a Motion to Revoke the Defendant’s Bond
`which contained information regarding the Patient’s Mental Health Diagnosis and
`Treatment from the Harris Center for Mental Health and the Southeast Clinic related to the
`treatment of the Patient.
`In deference to the medical privacy rights of PATIENT, the State moves for issuance
`of a protective order governing the use and dissemination of this information.
`
`II.
`The use and dissemination of “protected health information” in judicial proceedings
`without the authorization of the patient is governed by 45 C.F.R. § 164.512(e)(1), which
`provides:
`
`A covered entity may disclose protected health information in the course of
`any judicial or administrative proceeding:
`
`. . .
`
`
`ChrisDaniel-DistrictClerk
`HarrisCounty
`EA001_145238
`By:AOLIVER
`
`CAUSE NO. 1575404
`
`STATE OF TEXAS
`
`VS.
`
`SEAN ANTHONY DEATON
`
`
`
`
`
`§
`§
`§
`§
`§
`
`IN THE 182ND RIC JUDICIAL
`
`DISTRICT COURT OF
`
`HARRIS COUNTY, TEXAS
`
`───────────────────────────────────────────────────
`
`STATE’S MOTION FOR PROTECTIVE ORDER
`
`───────────────────────────────────────────────────
`THE STATE OF TEXAS moves for an order protecting records related to medical
`treatment provided to Sean Anthony Deaton (hereinafter “PATIENT”).
`
`I.
`The State of Texas requests that the Court take judicial notice of the contents of its
`file in the instant case. See TEX. R. EVID. 201(b), (d).
`On July 20, 2018, the State of Texas filed a Motion to Revoke the Defendant’s Bond
`which contained information regarding the Patient’s Mental Health Diagnosis and
`Treatment from the Harris Center for Mental Health and the Southeast Clinic related to the
`treatment of the Patient.
`In deference to the medical privacy rights of PATIENT, the State moves for issuance
`of a protective order governing the use and dissemination of this information.
`
`II.
`The use and dissemination of “protected health information” in judicial proceedings
`without the authorization of the patient is governed by 45 C.F.R. § 164.512(e)(1), which
`provides:
`
`A covered entity may disclose protected health information in the course of
`any judicial or administrative proceeding:
`
`. . .
`
`
`
`(ii)
`
`In response to a subpoena, discovery request, or other lawful process,
`that is not accompanied by an order of a court or administrative
`tribunal, if:
`
`. . .
`
`(B)
`
`The covered entity receives satisfactory assurance, as described
`in paragraph (e)(1)(iv) of this section, from the party seeking
`the information that reasonable efforts have been made by
`such party to secure a qualified protective order that meets
`the requirements of paragraph (e)(1)(v) of this section.
`
`45 C.F.R. §164.512(e)(1) (emphasis added). Paragraph (e)(1)(v) provides:
`
`For purposes of paragraph (e)(1) of this section, a qualified protective order
`means, with respect to protected health information requested under
`paragraph (e)(1)(ii) of this section, an order of a court or of an
`administrative tribunal or a stipulation by the parties to the litigation or
`administrative proceeding that:
`
`(A) Prohibits the parties from using or disclosing the protected health
`information for any purpose other than the
`litigation or
`proceeding for which such information was requested; and
`
`(B) Requires the return to the covered entity or destruction of the
`protected health information (including all copies made) at the
`end of the litigation or proceeding.
`
`45 C.F.R. §164.512(e)(1) (emphasis added).
`A proposed order that meets the standards of 45 C.F.R. §164.512(e)(1)(v) is attached
`to this motion.
`
`2
`
`
`
`III.
`Service has been accomplished by facsimile/mail/email/hand-delivery to counsel for
`the defendant on July 20, 2018.
`THEREFORE, for the foregoing reasons, the State respectfully requests that the
`
`Court grant the attached protective order.
`
`Respectfully submitted,
`
`/s/ Maritza Sharma_________________
`Assistant District Attorney
`Harris County District Attorney’s Office
`1201 Franklin, Suite 600
`Houston, Texas 77002
`713-274-0739
`
`3
`
`
`
`CAUSE NO. 1575404
`
`STATE OF TEXAS
`
`VS.
`
`SEAN ANTHONY DEATON
`
`
`
`
`
`§
`§
`§
`§
`§
`
`IN THE 182ND RIC JUDICIAL
`
`DISTRICT COURT OF
`
`HARRIS COUNTY, TEXAS
`
`───────────────────────────────────────────────────
`
`PROTECTIVE ORDER
`
`───────────────────────────────────────────────────
`On this date, the Court considered the State’s motion for protective order and the
`defendant’s response, if any. The Court GRANTS the State’s motion for a protective order
`and ORDERS as follows:
`
`The parties and their attorneys are hereby authorized to receive, subpoena and
`1.
`transmit “protected health information” pertaining to PATIENT to the extent and subject to
`the conditions outlined herein.
`
`For the purposes of this qualified protective order, “protected health information”
`2.
`shall have the same scope and definition as set forth in 45 C.F.R. § 160.103 and 164.501.
`Protected health information includes, but is not limited to, health information, including
`demographic information, relating to either (a) the past, present, or future physical or mental
`condition of an individual, (b) the provision of care to an individual, or (c) the payment for
`care provided to an individual, which identifies the individual or which reasonably could be
`expected to identify the individual.
`
`All “covered entities” (as defined by 45 C.F.R. § 160.13) are hereby authorized to
`3.
`disclose protected health information pertaining to PATIENT to attorneys representing the
`State of Texas and the Defendant in the above-captioned litigation.
`
`4
`
`
`
`Counsel for the parties shall be permitted to use or disclose the protected health
`4.
`information of PATIENT for purposes of prosecuting or defending this action including any
`appeals of this case. This includes, but is not necessarily limited to, disclosure to co-counsel,
`experts, consultants, court personnel, court reporters, copy services, trial consultants, and
`other entities or persons involved in the litigation process.
`
`Pursuant to Article 39.14(f), Texas Code of Criminal Procedure, counsel for the
`5.
`parties are specifically instructed that a defendant, witness, or prospective witness is allowed
`to view the PATIENT’s protected health information only under the following conditions:
`
`a.
`
`b.
`
`The defendant, witness, or prospective witness may not have copies of the
`PATIENT’S protected health information.
`
`Before allowing the defendant, witness, or prospective witness to view the
`PATIENT’s protected health information, the person possessing the information
`shall redact the address, telephone number, driver's license number, social security
`number, date of birth, and any bank account or other identifying numbers contained
`in the PATIENT’s protected health information.
`
`Prior to disclosing PATIENT’s protected health information to persons involved in
`6.
`this litigation, counsel shall inform each such person that PATIENT’s protected health
`information may not be used or disclosed for any purpose other than this litigation. Counsel
`shall take all other reasonable steps to ensure that persons receiving PATIENT’s protected
`health information do not use or disclose such information for any purpose other than this
`litigation.
`
`5
`
`
`
`7. Within 45 days after the conclusion of the litigation including appeals, the parties,
`their attorneys, and any person or entity in possession of protected health information
`received from counsel pursuant to paragraph four of this Order, shall return PATIENT’S
`protected health information to the covered entity or destroy any and all copies of protected
`health information pertaining to PATIENT, except that counsel are not required to secure
`the return or destruction of protected health information submitted to the Court.
`
`Signed this ______ day of ________________, 2018.
`
`PRESIDING JUDGE
`182ND RIC DISTRICT COURT
`HARRIS COUNTY, TEXAS
`
`6
`
`
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