Tex.
Occ. Code Section 261.054
Committee’s Evidentiary Privilege
(a)
Unless disclosure is required or authorized by law, records or determinations of or communications to a dental peer review committee are not subject to subpoena or discovery and are not admissible as evidence in a civil judicial or administrative proceeding unless the committee executes in writing a waiver of the confidentiality privilege.(b)
The evidentiary privilege created by this chapter may be invoked by any person in any civil judicial or administrative proceeding unless the person has secured a waiver of the privilege executed in writing by the presiding officer, assistant presiding officer, or secretary of the affected dental peer review committee.(c)
If a dental peer review committee or a person participating in peer review named as a defendant in a civil action filed as a result of participation in peer review may use otherwise confidential information in the person’s defense or in a claim or suit under Section 261.104 (Counterclaim for Frivolous Suit), the plaintiff in the proceeding may disclose the records or determinations of a peer review committee or communications made to a peer review committee in rebuttal to information supplied by the defendant.(d)
A person seeking access to privileged information must plead and prove waiver of the privilege.(e)
A member, employee, or agent of a dental peer review committee who provides access to privileged communications or records in cooperation with a law enforcement authority in a criminal investigation is not considered to have waived a privilege established under this chapter.
Source:
Section 261.054 — Committee's Evidentiary Privilege, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.261.htm#261.054 (accessed Jun. 5, 2024).
