Sec. 258.105. 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.
Section: Previous 258.053 258.054 258.055 258.101 258.102 258.103 258.104 258.105 258.106 258.107 258.108 258.109 258.151 258.152 258.153 NextLast modified: September 28, 2016