Tex. Health & Safety Code Section 773.091
Confidential Communications


(a)

A communication between certified emergency medical services personnel or a physician providing medical supervision and a patient that is made in the course of providing emergency medical services to the patient is confidential and privileged and may not be disclosed except as provided by this chapter.

(b)

Records of the identity, evaluation, or treatment of a patient by emergency medical services personnel or by a physician providing medical supervision that are created by the emergency medical services personnel or physician or maintained by an emergency medical services provider are confidential and privileged and may not be disclosed except as provided by this chapter.

(c)

Any person who receives information from confidential communications or records as described by this chapter, other than a person listed in Section 773.092 (Exceptions) who is acting on the survivor’s behalf, may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the information was obtained.

(d)

This subchapter governs confidential communications or records concerning a patient regardless of when the patient received the services of emergency medical services personnel or a physician providing medical supervision.

(e)

Notwithstanding Rule 501, Texas Rules of Evidence, the privilege of confidentiality may be claimed in any criminal, civil, or administrative proceeding and may be claimed by the patient or the emergency medical services personnel or physician acting on the patient’s behalf.

(f)

If the emergency medical services personnel or physician claims the privilege of confidentiality on behalf of the patient, the authority to do so is presumed in the absence of evidence to the contrary.

(g)

The privilege of confidentiality under this section does not extend to information regarding the presence, nature of injury or illness, age, sex, occupation, and city of residence of a patient who is receiving emergency medical services. Nothing in this subsection shall be construed as requiring or permitting emergency services personnel to make a diagnosis.
Added by Acts 1991, 72nd Leg., ch. 605, Sec. 8, eff. Sept. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.008, eff. Sept. 1, 2001.

Source: Section 773.091 — Confidential Communications, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­773.­htm#773.­091 (accessed Feb. 24, 2024).

773.001
Short Title
773.002
Purpose
773.003
Definitions
773.004
Vehicles and Personnel Excluded from Chapter
773.006
Fund for Emergency Medical Services, Trauma Facilities, and Trauma Care Systems
773.007
Supervision of Emergency Prehospital Care
773.008
Consent for Emergency Care
773.009
Limitation on Civil Liability
773.011
Subscription Programs
773.012
Advisory Council
773.013
Peer Assistance Program
773.014
Administration of Epinephrine by Emergency Medical Services Personnel
773.015
Identification of Certain Patients Receiving Emergency Prehospital Care
773.016
Duties of Emergency Medical Services Personnel
773.017
Use of Certain External Motor Vehicle Markings or Features Prohibited
773.021
State Plan
773.022
Service Delivery Areas
773.023
Area Plans
773.024
Federal Programs
773.025
Accessibility of Training
773.041
License or Certificate Required
773.042
Basic Life-support Emergency Medical Services Provider Qualifications
773.043
Advanced Life-support Emergency Medical Services Provider Qualifications
773.0043
Fire Fighter Exemption for Certain Patients
773.044
Mobile Intensive-care Provider Qualifications
773.0045
Temporary Exemptions for Emergency Medical Services Personnel Practicing in Rural Area
773.045
Specialized Emergency Medical Services Provider Qualifications
773.046
Emergency Care Attendant Qualifications
773.047
Emergency Medical Technician Qualifications
773.048
Advanced Emergency Medical Technician Qualifications
773.049
Emergency Medical Technician--paramedic Qualifications
773.050
Minimum Standards
773.051
Municipal Regulation
773.052
Variances
773.054
Applications for Personnel Certification and Training Program Approval
773.055
Certification of Emergency Medical Services Personnel
773.056
Approval of Training Programs
773.057
Emergency Medical Services Providers License
773.058
Volunteers Exempt from Fees
773.059
Late Recertification
773.060
Disposition of Funds
773.061
Disciplinary Actions
773.062
Emergency Suspension
773.063
Civil Penalty
773.064
Criminal Penalties
773.065
Administrative Penalty
773.066
Assessment of Administrative Penalty
773.067
Payment of Administrative Penalty
773.069
Recovery of Administrative Penalty by Attorney General
773.070
Denial of Certification or Licensure for Failure to Provide Certain Criminal History Record Information
773.071
Fees
773.091
Confidential Communications
773.092
Exceptions
773.093
Consent
773.094
Injunction
773.095
Records and Proceedings Confidential
773.096
Immunity for Committee Members
773.111
Legislative Findings
773.112
Rules
773.113
Duties of Department
773.114
System Requirements
773.115
Trauma Facilities
773.116
Fees
773.117
Denial, Suspension, or Revocation of Designation
773.119
Grant Program
773.120
Acceptance of Gifts
773.122
Payments from the Accounts
773.123
Control of Expenditures from Accounts
773.124
Loss of Funding Eligibility
773.141
Definitions
773.142
Application of Subchapter
773.143
Provision of Medical Information
773.144
Training Programs
773.0145
Possession and Administration of Epinephrine by Certain Entities
773.145
Medical Information
773.146
Limitation on Civil Liability
773.147
Fees
773.171
Emergency Medical Services for Children Program
773.173
Rules
773.201
Legislative Intent
773.202
Definitions
773.203
Stroke Committee
773.204
Duties of Stroke Committee
773.205
Rules
773.251
Definitions
773.252
Establishment of Program
773.253
Rules
773.254
Application by Emergency Medical Services Provider
773.255
Educational Curriculum
773.256
Administrative Support
773.257
Grants
773.0415
Limitation on Information Required for Certificate Renewal
773.0495
Licensed Paramedic Qualifications
773.0496
Scope of Emergency Medical Technician-paramedic and Licensed Paramedic Duties
773.0505
Rules Regarding Advertising or Competitive Bidding
773.0551
Disease Prevention and Preparedness Information on Certification of Emergency Medical Services Personnel
773.0571
Requirements for Provider License
773.0572
Provisional Licenses
773.0573
Letter of Approval from Local Governmental Entity
773.0581
Providers Exempt from Fees
773.0605
Complaints and Investigations
773.0611
Inspections
773.0612
Access to Records
773.0613
Information Report to Department
773.0614
Authority to Revoke, Suspend, Disqualify For, or Deny Certification of Emergency Medical Services Personnel for Certain Criminal Offenses
773.0615
Factors Considered in Suspension, Revocation, or Denial of Certificate
773.0616
Proceedings Governed by Administrative Procedure Act
773.0617
Notice and Review of Suspension, Revocation, Disqualification For, or Denial of Certification
773.1141
Information, Guidelines, and Protocols Related to Certain Patient Transfers and Related Services
773.1151
Use of Telemedicine Medical Service by Certain Trauma Facilities
773.05711
Additional Emergency Medical Services Provider License Requirements
773.05712
Administrator of Record
773.05713
Report to Legislature
773.05715
Physical Location Required
773.05716
Necessary Equipment
773.06141
Suspension, Revocation, or Denial of Emergency Medical Services Provider License

Accessed:
Feb. 24, 2024

§ 773.091’s source at texas​.gov