Sec. 201.404. EXCEPTIONS TO CONFIDENTIALITY FOR OTHER CIRCUMSTANCES. (a) In circumstances other than court or administrative proceedings, exceptions to Section 201.402 exist only for:
(1) a governmental agency, if the disclosure is required or permitted by law except as provided by Subsection (b);
(2) medical or law enforcement personnel, if the chiropractor determines that a probability of imminent physical injury to the patient, the chiropractor, or others exists or a probability of immediate mental or emotional injury to the patient exists;
(3) qualified personnel for the purpose of management audits, financial audits, program evaluations, or research, under the conditions provided by Subsection (c);
(4) those parts of the records reflecting charges and specific services performed, if necessary to collect fees for services provided by a chiropractor, a professional association, or another entity qualified to render or arrange for services;
(5) any person who possesses a written consent described by Section 201.405;
(6) an individual, corporation, or governmental agency involved in paying or collecting fees for services performed by a chiropractor;
(7) another chiropractor or personnel under the direction of the chiropractor who participate in the diagnosis, evaluation, or treatment of the patient; or
(8) an official legislative inquiry of state hospitals or state schools under the conditions provided under Subsection (d).
(b) A governmental agency shall protect the identity of any patient whose chiropractic records are examined under Subsection (a)(1).
(c) Personnel described by Subsection (a)(3) may not directly or indirectly identify a patient in any report of research, audit, or evaluation or otherwise disclose a patient's identity in any manner.
(d) Information released under Subsection (a)(8) may not include:
(1) information or records that identify a patient or client for any purpose without proper consent given by the patient; and
(2) records that were not created by the state hospital or school or its employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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