This section lists when the privilege and confidentiality rules for podiatric records do not apply, and it requires the department to protect a patient’s identity when records are examined or produced under subsection (c), with limited exceptions.
Sec. 202.404. EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY IN CERTAIN PROCEEDINGS. (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. (d) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.008(1), eff. September 1, 2019. (e) The department shall protect the identity of a patient whose podiatric records are examined or provided under Subsection (c), other than a patient who: (1) is covered under Subsection (a)(1); or (2) has submitted written consent to the release of the patient's podiatric records as provided by Section 202.406. (f) The privilege and confidentiality requirements under this subchapter do not apply in a criminal prosecution in which the patient is a victim, witness, or defendant. Records or communications are not discoverable under this subsection until the court in which the prosecution is pending makes an in camera determination as to the relevancy of the records or communications or part of the records or communications. The court's determination does not constitute a determination as to the admissibility of the records or communications or part of the records or communications. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: 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.