Tex. Occ. Code Section 258.105
Exception to Privilege for Certain Proceedings

(a)

The privilege does not apply in a court or administrative proceeding if the proceeding is:

(1)

brought by the patient against a dentist, including a malpractice, criminal, or license revocation proceeding, and the disclosure is relevant to a claim or defense of the dentist; or

(2)

to collect on a claim for dental services rendered to the patient.

(b)

The privilege does not apply to the disclosure of a dental record:

(1)

to the board in a disciplinary investigation or proceeding against a dentist conducted under this subtitle; or

(2)

in a criminal investigation or proceeding against a dentist in which the board is participating or assisting by providing a record obtained from the dentist.

(c)

The board may not reveal the identity of a patient whose dental record is disclosed under Subsection (b).

(d)

Privileged information is discoverable in a criminal prosecution if:

(1)

the patient is a victim, witness, or defendant; and

(2)

the court in which the prosecution is pending rules, after an in camera review, that the information is relevant for discovery purposes.

(e)

Privileged information is admissible in a criminal prosecution if:

(1)

the patient is a victim, witness, or defendant; and

(2)

the court in which the prosecution is pending rules, after an in camera review, that the information is relevant.

(f)

The privilege does not apply to a grand jury subpoena.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.

Source: Section 258.105 — Exception to Privilege for Certain Proceedings, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­258.­htm#258.­105 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 258.105’s source at texas​.gov