Tex. Health & Safety Code Section 98.109
Confidentiality; Privilege


Except as provided by Sections 98.1046 (Public Reporting of Certain Potentially Preventable Events for Hospitals), 98.106 (Departmental Summary), and 98.110 (Disclosure Among Certain Agencies), all information and materials obtained or compiled or reported by the department under this chapter or compiled or reported by a health care facility under this chapter, and all related information and materials, are confidential and:


are not subject to disclosure under Chapter 552 (Public Information), Government Code, or discovery, subpoena, or other means of legal compulsion for release to any person; and


may not be admitted as evidence or otherwise disclosed in any civil, criminal, or administrative proceeding.


The confidentiality protections under Subsection (a) apply without regard to whether the information or materials are obtained from or compiled or reported by a health care facility or an entity that has an ownership or management interest in a facility.


A state employee or officer may not be examined in a civil, criminal, or special proceeding, or any other proceeding, regarding the existence or contents of information or materials obtained, compiled, or reported by the department under this chapter.


The transfer of information or materials under this chapter is not a waiver of a privilege or protection granted under law.


The provisions of this section regarding the confidentiality of information or materials compiled or reported by a health care facility in compliance with or as authorized under this chapter do not restrict access, to the extent authorized by law, by the patient or the patient’s legally authorized representative to records of the patient’s medical diagnosis or treatment or to other primary health records.


A department summary or disclosure may not contain information identifying a patient, employee, contractor, volunteer, consultant, health care professional, student, or trainee in connection with a specific incident.
Added by Acts 2007, 80th Leg., R.S., Ch. 359 (S.B. 288), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 724 (S.B. 203), Sec. 2(i), eff. September 1, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 6.10, eff. September 28, 2011.

Source: Section 98.109 — Confidentiality; Privilege, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­98.­htm#98.­109 (accessed Dec. 2, 2023).

Dec. 2, 2023

§ 98.109’s source at texas​.gov