Tex. Occ. Code § 202.406 · Subchapter I. PRIVILEGE AND CONFIDENTIALITY REQUIREMENTS
CONSENT FOR RELEASE OF CONFIDENTIAL INFORMATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Consent for the release of information made confidential under this subchapter must be made in writing and signed by:
(1) the patient;
(2) the patient's parent or legal guardian if the patient is a minor;
(3) a legal guardian if the patient has been adjudicated incompetent to manage the patient's personal affairs;
(4) an attorney ad litem appointed for the patient, as authorized by:
(A) Subtitle B, Title 6, Health and Safety Code;
(B) Subtitle C, D, or E, Title 7, Health and Safety Code;
(C) Title 3, Estates Code;
(D) Chapter 107, Family Code; or
(E) another applicable law; or
(5) the patient's personal representative if the patient is deceased.
(b) The written consent required under this section must specify:
(1) the information and records covered by the release;
(2) the reason or purpose for the release; and
(3) the person to whom the information is to be released.
(c) A patient or other person authorized to consent may withdraw consent to the release of any information. Withdrawal of consent does not affect information disclosed before the written notice of the withdrawal.
(d) A podiatrist shall furnish copies of podiatric records requested or a summary or narrative of the records under a written consent for release of the information as provided by this section unless the podiatrist determines that access to the information would be harmful to the physical, mental, or emotional health of the patient. The podiatrist may delete confidential information about another person who has not consented to the release.
(e) The podiatrist shall furnish the information within a reasonable period of time. The patient or another person acting on the patient's behalf shall pay a reasonable fee charged by the podiatrist for furnishing the information.
Notes and commentary — not statutory text
History
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.054, 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.202.htm
- Text hash
- sha256 30bcd3c764405ea6ea35efb084ca60cd7d6edfc164615eff5e1b2d5f9adc614c
- 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 3 provisions
Provisions in this library whose text cites Tex. Occ. Code § 202.406. Each shows the citation as that text prints it.
Occupations Code
- Tex. Occ. Code § 202.402SCOPE OF PRIVILEGE.Printed as Section 202.405 or 202.406
- Tex. Occ. Code § 202.404EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY IN CERTAIN PROCEEDINGS.Printed as Section 202.406
- Tex. Occ. Code § 202.405OTHER EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY REQUIREMENTS.Printed as Section 202.406
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.