Texas Occupations Code
§ 202.404 — EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY IN CERTAIN PROCEEDINGS
OC § 202.404Title 3. HEALTH PROFESSIONS · Part C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES · Ch. 202. PODIATRISTS · Art. I. PRIVILEGE AND CONFIDENTIALITY REQUIREMENTS
Statute text
View on source(a)The privilege and confidentiality requirements under this subchapter do not apply in a court or administrative proceeding if:
(1)the proceeding is brought by a patient against a podiatrist, including a malpractice proceeding, a criminal proceeding, or a license revocation proceeding in which the patient is a complaining witness and in which disclosure is relevant to the claims or defense of a podiatrist;
(2)a patient or a person authorized to act on the patient's behalf submits written consent to the release of confidential information, as provided by Section 202.406; or
(3)the purpose of the proceeding is to substantiate and collect on a claim for podiatric services provided to a patient.
(b)The privilege and confidentiality requirements under this subchapter do not apply in a civil litigation or administrative proceeding brought by a patient or a person authorized to act on the patient's behalf if the plaintiff is attempting to recover monetary damages for a physical or mental condition, including the patient's death. Information that is otherwise confidential under this subchapter is discoverable in a court or administrative proceeding in this state if the information is relevant to the proceeding and the court or administrative body has jurisdiction over the subject matter under the applicable rules of procedure specified for that matter.
(c)The privilege and confidentiality requirements under this subchapter do not apply in a disciplinary investigation or proceeding against a podiatrist conducted under this chapter.
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Legislative history
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 41, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.006, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.008(1), eff. September 1, 2019.