Tex. Occ. Code § 258.109 · Subchapter C. DENTAL PRIVILEGE
REQUEST FOR DENTAL RECORD: TIMING; EXCEPTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If disclosure of a dental record is authorized under this subchapter, a dentist shall disclose the dental record within a reasonable period after it is requested but not later than:
(1) the 30th day after the date on which it is requested from the dentist; or
(2) a date ordered by a court.
(b) A dentist may refuse to disclose the requested record if the dentist determines that providing the information would be harmful to the physical, mental, or emotional health of the patient, except that requests from the board may not be refused. If the dentist determines that disclosing the record would be harmful, the dentist shall notify the person requesting the record and explain why the information would be harmful. The person requesting the record may challenge in court the dentist's refusal to disclose the record. If the court finds that the dentist made the refusal in bad faith, the court may order the disclosure of the record and award costs and attorney's fees incurred by the person to obtain the information.
(c) In disclosing a dental record under this section, a dentist shall redact privileged information about another person.
(d) A dentist may charge a reasonable fee for providing a dental record under this section. For purposes of this subsection, a fee established under Section 241.154, Health and Safety Code, is a reasonable fee.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.258.htm
- Text hash
- sha256 d043e6b74acef73fc30246fea91415e7ea22047faa7a59895ee3f1fae435feb4
- 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
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