Tex.
Occ. Code Section 159.002
Confidential Communications
(a)
A communication between a physician and a patient, relative to or in connection with any professional services as a physician to the patient, is confidential and privileged and may not be disclosed except as provided by this chapter.(b)
A record of the identity, diagnosis, evaluation, or treatment of a patient by a physician that is created or maintained by a physician is confidential and privileged and may not be disclosed except as provided by this chapter.(c)
A person who receives information from a confidential communication or record as described by this chapter, other than a person listed in Section 159.004 (Exceptions to Confidentiality in Other Situations) who is acting on the patient’s behalf, may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the information was first obtained.(c-1)
No exception to the privilege of confidentiality under Section 159.003 (Exceptions to Confidentiality in Court or Administrative Proceedings) or 159.004 (Exceptions to Confidentiality in Other Situations) may be construed to create an independent duty or requirement to disclose the confidential information to which the exception applies.(d)
The prohibitions of this chapter continue to apply to a confidential communication or record relating to a patient regardless of when the patient receives the services of a physician, except for medical records at least 75 years old that are requested for historical research purposes.(e)
The privilege of confidentiality may be claimed by the patient or by the physician. The physician may claim the privilege of confidentiality only on behalf of the patient. The physician’s authority to claim the privilege is presumed in the absence of evidence to the contrary.(f)
Notwithstanding any other provision of this chapter other than Sections 159.003 (Exceptions to Confidentiality in Court or Administrative Proceedings)(a)(10) and (c), a communication or record that is otherwise confidential and privileged under this section may be disclosed or released by a physician without the patient’s authorization or consent if the disclosure or release is related to a judicial proceeding in which the patient is a party and the disclosure or release is requested under a subpoena issued under:(1)
the Texas Rules of Civil Procedure;(2)
the Code of Criminal Procedure; or(3)
Chapter 121 (Acknowledgments and Proofs of Written Instruments), Civil Practice and Remedies Code.(g)
Subsection (f) does not prevent a physician from claiming, or otherwise limit the authority of a physician to claim, the privilege of confidentiality on behalf of a patient.
Source:
Section 159.002 — Confidential Communications, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.159.htm#159.002 (accessed Apr. 29, 2024).
