Texas Probate Code - Section 10B. Communications Or Records Relating To Decedent's Condition Before Death

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§ 10B. COMMUNICATIONS OR RECORDS RELATING TO DECEDENT'S 
CONDITION BEFORE DEATH.  Notwithstanding the Medical Practice Act 
(Article 4495b, Vernon's Texas Civil Statutes), a person who is a 
party to a will contest or a proceeding in which a party relies on 
the mental or testamentary capacity of a decedent before the 
decedent's death as part of the party's claim or defense is entitled 
to production of all communications or records relevant to the 
decedent's condition before the decedent's death.  On receipt of a 
subpoena of communications or records under this section and proof 
of filing of the will contest or proceeding, by file-stamped copy, 
the appropriate physician, hospital, medical facility, custodian 
of records, or other person in possession of the communications or 
records shall release the communications or records to the party 
requesting the records without further authorization.

Added by Acts 1997, 75th Leg., ch. 1302, § 2, eff. Sept. 1, 1997.  
Amended by Acts 1999, 76th Leg., ch. 855, § 1, eff. Sept. 1, 
1999.

Last modified: August 10, 2007