Tex. Occ. Code Section 202.405
Other Exceptions to Privilege and Confidentiality Requirements


(a)

The privilege and confidentiality requirements of this subchapter do not apply to, and a podiatrist may disclose information made confidential under this subchapter to:

(1)

a government agency, if:

(A)

the disclosure is required or permitted by law; and

(B)

the agency protects the identity of a patient whose podiatric records are examined;

(2)

medical or law enforcement personnel, if the podiatrist determines that there is a probability of:

(A)

imminent physical injury to the patient, the podiatrist, or another person; or

(B)

immediate mental or emotional injury to the patient;

(3)

qualified personnel for a management audit, financial audit, program evaluation, or research;

(4)

a person who presents the written consent of the patient or a person authorized to act on the patient’s behalf for the release of confidential information, as provided by Section 202.406 (Consent for Release of Confidential Information);

(5)

an individual, corporation, or governmental entity involved in the payment or collection of fees for services provided by a podiatrist; or

(6)

another podiatrist and a person under the direction of the podiatrist who is participating in the diagnosis, evaluation, or treatment of the patient.

(b)

A person who receives information under Subsection (a)(3) may not directly or indirectly identify the patient in any report of the research, audit, or evaluation or otherwise disclose the patient’s identity.

(c)

Records reflecting charges and specific services provided may be disclosed only when necessary to collect fees for services provided by a podiatrist, professional association, or another entity qualified to provide or arrange for services.

(d)

Records created by a state hospital, a state school, or an employee of the state hospital or state school that are otherwise confidential under this subchapter may be disclosed in an official legislative inquiry regarding the state hospital or state school. Information or records that identify a patient or client may not be released for any purpose unless proper consent to the release is given by the patient.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Source: Section 202.405 — Other Exceptions to Privilege and Confidentiality Requirements, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­202.­htm#202.­405 (accessed Apr. 29, 2024).

202.001
Definitions
202.003
Application of Chapter
202.051
Board Membership
202.053
Public Member Eligibility
202.054
Membership and Employee Restrictions
202.055
Terms
202.056
Grounds for Removal
202.057
Compensation
202.058
Presiding Officer
202.059
Meetings
202.061
Training
202.062
Duties of Advisory Board
202.153
Fees
202.160
Information Provided to License Holders
202.161
Poison Control Center Information
202.204
Expert Witness
202.251
License Required
202.252
License Application
202.253
Grounds for Denial of License
202.254
Examination
202.256
Reexamination
202.257
Issuance of License
202.258
Refusal of Admittance to Examination
202.259
Temporary License
202.260
Provisional License
202.261
Limited License for Podiatry Faculty Members
202.262
Display of License
202.263
Issuance of Duplicate or Amended License
202.303
Practice Without Renewing License
202.304
Renewal After Military Service
202.351
Podiatry Services for Certain Health Organizations
202.352
Approval of Names Under Which Podiatrist May Practice
202.353
Malpractice Claim Reports
202.354
Delegation of Certain Acts
202.401
Definitions
202.402
Scope of Privilege
202.403
Claim of Privilege
202.404
Exceptions to Privilege and Confidentiality in Certain Proceedings
202.405
Other Exceptions to Privilege and Confidentiality Requirements
202.406
Consent for Release of Confidential Information
202.407
Disclosure of Released Information
202.451
Definitions
202.452
Disclosure of Communications Made to Peer Review Committee
202.453
Information Provided to Affected Podiatrist
202.454
Confidentiality Requirements
202.455
Privilege of Confidentiality
202.456
Immunity
202.457
Claims for Defense Costs
202.501
Disciplinary Powers
202.502
Revocation and Suspension of License for Drug-related Felony Conviction
202.503
Probation
202.504
Reissuance of License
202.505
Reexamination if License Suspended or Revoked
202.506
Application to Certain Drug Offenses
202.509
Confidentiality and Disclosure of Investigative Information
202.602
Monitoring and Inspection of License Holder
202.603
Prosecution of Violation
202.604
Civil Penalty: Use of Trade Name
202.605
General Criminal Penalty: Practicing Without License
202.606
Criminal Penalty: Amputation of Foot
202.1515
General Powers and Duties
202.2031
Notification to Parties Regarding Complaint
202.2032
Requirements for Certain Complaints
202.2525
Criminal History Record Information for License Issuance
202.3015
Term and Renewal
202.3025
Criminal History Record Information Requirement for License Renewal
202.5015
Certain Conduct Constituting Chapter Violation
202.5071
Subpoena Authority

Accessed:
Apr. 29, 2024

§ 202.405’s source at texas​.gov