A physician may disclose confidential information only in the listed situations outside court or administrative proceedings.
Sec. 159.004. EXCEPTIONS TO CONFIDENTIALITY IN OTHER SITUATIONS. (a) An exception to the privilege of confidentiality in a situation other than a court or administrative proceeding, allowing disclosure of confidential information by a physician, exists only with respect to the following: (1) a governmental agency, if the disclosure is required or authorized by law; (2) medical, mental health, or law enforcement personnel, if the physician determines that there is a probability of: (A) imminent physical injury to the patient, the physician, or another person; or (B) immediate mental or emotional injury to the patient; (3) qualified personnel for research or for a management audit, financial audit, or program evaluation, but the personnel may not directly or indirectly identify a patient in any report of the research, audit, or evaluation or otherwise disclose identity in any manner; (4) those parts of the medical records reflecting specific services provided if necessary in the collection of fees for medical services provided by a physician, professional association, or other entity qualified to provide or arrange for medical services; (5) a person who has consent, as provided by Section 159.005; (6) a person, corporation, or governmental agency involved in the payment or collection of fees for medical services provided by a physician; (7) another physician or other personnel acting under the direction of the physician who participate in the diagnosis, evaluation, or treatment of the patient; (8) an official legislative inquiry regarding state hospitals or state schools, if: (A) information or a record that identifies a patient or client is not released for any purpose unless proper consent to the release is given by the patient; and (B) only records created by the state hospital or school or its employees are included; or (9) health care personnel of a penal or other custodial institution in which the patient is detained if the disclosure is for the sole purpose of providing health care to the patient. (b) No civil, criminal, or administrative cause of action exists against a physician for the disclosure of confidential information in accordance with Subsection (a)(2). A cause of action brought against a physician for the disclosure of the confidential information must be dismissed with prejudice. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 984, Sec. 3, eff. June 15, 2001. Amended by: Acts 2021, 87th Leg., R.S., Ch. 633 (H.B. 549), Sec. 4, eff. September 1, 2021.