This section lists the only non-court, non-administrative exceptions to confidentiality for chiropractic records and adds limits on patient identity disclosure.
Sec. 201.404. EXCEPTIONS TO CONFIDENTIALITY FOR OTHER CIRCUMSTANCES. (a) In circumstances other than court or administrative proceedings, exceptions to Section 201.402 exist only for: (1) a governmental agency, if the disclosure is required or permitted by law except as provided by Subsection (b); (2) medical or law enforcement personnel, if the chiropractor determines that a probability of imminent physical injury to the patient, the chiropractor, or others exists or a probability of immediate mental or emotional injury to the patient exists; (3) qualified personnel for the purpose of management audits, financial audits, program evaluations, or research, under the conditions provided by Subsection (c); (4) those parts of the records reflecting charges and specific services performed, if necessary to collect fees for services provided by a chiropractor, a professional association, or another entity qualified to render or arrange for services; (5) any person who possesses a written consent described by Section 201.405; (6) an individual, corporation, or governmental agency involved in paying or collecting fees for services performed by a chiropractor; (7) another chiropractor or personnel under the direction of the chiropractor who participate in the diagnosis, evaluation, or treatment of the patient; or (8) an official legislative inquiry of state hospitals or state schools under the conditions provided under Subsection (d). (b) A governmental agency shall protect the identity of any patient whose chiropractic records are examined under Subsection (a)(1). (c) Personnel described by Subsection (a)(3) may not directly or indirectly identify a patient in any report of research, audit, or evaluation or otherwise disclose a patient's identity in any manner. (d) Information released under Subsection (a)(8) may not include: (1) information or records that identify a patient or client for any purpose without proper consent given by the patient; and (2) records that were not created by the state hospital or school or its employees. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.