Tex. Occ. Code § 159.005 · Chapter 159. PHYSICIAN-PATIENT COMMUNICATION
CONSENT FOR RELEASE OF CONFIDENTIAL INFORMATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Consent for the release of confidential information must be in writing and signed by:
(1) the patient;
(2) a parent or legal guardian of the patient if the patient is a minor;
(3) a legal guardian of the patient if the patient has been adjudicated incapacitated to manage the patient's personal affairs;
(4) an attorney ad litem appointed for the patient, as authorized by:
(A) Subtitle C, Title 7, Health and Safety Code;
(B) Subtitle D, Title 7, Health and Safety Code;
(C) Title 3, Estates Code; or
(D) Chapter 107, Family Code; or
(5) a personal representative of the patient if the patient is deceased.
(b) The written consent must specify:
(1) the billing records, medical records, or other information to be covered by the release;
(2) the reasons or purposes for the release; and
(3) the person to whom the information is to be released.
(c) The patient, or other person authorized to consent, is entitled to withdraw the consent to the release of any information. Withdrawal of consent does not affect any information disclosed before the written notice of the withdrawal.
(d) A patient may not bring an action against a physician for a disclosure made by the physician in good faith reliance on an authorized consent if the physician did not have written notice that the authorization was revoked.
(e) A person who receives information made confidential by this subtitle may disclose the information only to the extent consistent with the authorized purposes for which consent to release the information is obtained.
Notes and commentary — not statutory text
History
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 984, Sec. 4, eff. June 15, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.052, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.159.htm
- Text hash
- sha256 81e41f2f2c9f23a48ee39e4dc02a8cd2e7b31de27ccc2d09360dbdd8c3118f1a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
Cited by 4 provisions
Provisions in this library whose text cites Tex. Occ. Code § 159.005. Each shows the citation as that text prints it.
Occupations Code
- Tex. Occ. Code § 159.003EXCEPTIONS TO CONFIDENTIALITY IN COURT OR ADMINISTRATIVE PROCEEDINGS.Printed as Section 159.005
- Tex. Occ. Code § 159.004EXCEPTIONS TO CONFIDENTIALITY IN OTHER SITUATIONS.Printed as Section 159.005
- Tex. Occ. Code § 159.006INFORMATION FURNISHED BY PHYSICIAN.Printed as Section 159.005
- Tex. Occ. Code § 159.0062SENSITIVE TEST RESULTS DISCLOSED BY ELECTRONIC MEANS.Printed as Sections 159.005(a)(2)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.