Texas § OC.258.105 - EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS

§ OC.258.105. EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS

EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS. (a) The privilege does not apply in a court or administrative proceeding if the proceeding is: (1) brought by the patient against a dentist, including a malpractice, criminal, or license revocation proceeding, and the disclosure is relevant to a claim or defense of the dentist; or (2) to collect on a claim for dental services rendered to the patient. (b) The privilege does not apply to the disclosure of a dental record: (1) to the board in a disciplinary investigation or proceeding against a dentist conducted under this subtitle; or (2) in a criminal investigation or proceeding against a dentist in which the board is participating or assisting by providing a record obtained from the dentist. (c) The board may not reveal the identity of a patient whose dental record is disclosed under Subsection (b). (d) Privileged information is discoverable in a criminal prosecution if: (1) the patient is a victim, witness, or defendant; and (2) the court in which the prosecution is pending rules, after an in camera review, that the information is relevant for discovery purposes. (e) Privileged information is admissible in a criminal prosecution if: (1) the patient is a victim, witness, or defendant; and (2) the court in which the prosecution is pending rules, after an in camera review, that the information is relevant. (f) The privilege does not apply to a grand jury subpoena. Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.