Sec. 159.003. EXCEPTIONS TO CONFIDENTIALITY IN COURT OR ADMINISTRATIVE PROCEEDINGS. (a) An exception to the privilege of confidentiality in a court or administrative proceeding exists:
(1) in a proceeding brought by a patient against a physician, including:
(A) a malpractice proceeding; or
(B) a criminal proceeding or license revocation proceeding in which the patient is a complaining witness and disclosure is relevant to a claim or defense of the physician;
(2) if the patient or a person authorized to act on the patient's behalf submits a written consent to the release of confidential information as provided by Section 159.005;
(3) in a proceeding to substantiate and collect on a claim for medical services provided to the patient;
(4) in a civil action or administrative proceeding, if relevant, brought by the patient or a person on the patient's behalf, if the patient or person is attempting to recover monetary damages for a physical or mental condition including the patient's death;
(5) in a disciplinary investigation or proceeding conducted under this subtitle, if the board protects the identity of any patient whose billing or medical records are examined other than a patient:
(A) for whom an exception exists under Subdivision (1); or
(B) who has submitted written consent to the release of the billing or medical records as provided by Section 159.005;
(6) in a criminal investigation of a physician in which the board is participating, or assisting in the investigation or proceeding by providing certain billing or medical records obtained from the physician, if the board protects the identity of a patient whose billing or medical records are provided in the investigation or proceeding other than a patient:
(A) for whom an exception exists under Subdivision (1); or
(B) who has submitted written consent to the release of the billing or medical records as provided by Section 159.005;
(7) in an involuntary civil commitment proceeding, proceeding for court-ordered treatment, or probable cause hearing under Chapter 462, 574, or 593, Health and Safety Code;
(8) if the patient's physical or mental condition is relevant to the execution of a will;
(9) if the information is relevant to a proceeding brought under Section 159.009;
(10) in a criminal prosecution in which the patient is a victim, witness, or defendant;
(11) to satisfy a request for billing or medical records of a deceased or incompetent person under Section 74.051(e), Civil Practice and Remedies Code; or
(12) to a court or a party to an action under a court order.
(b) This section does not authorize the release of confidential information to investigate or substantiate criminal charges against a patient.
(c) Records or communications are not discoverable under Subsection (a)(10) until the court in which the prosecution is pending makes an in camera determination as to the relevancy of the records or communications or any portion of the records or communications. That determination does not constitute a determination as to the admissibility of the information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 984, Sec. 2, eff. June 15, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 139 (H.B. 742), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 354 (H.B. 1779), Sec. 2, eff. September 1, 2015.
Notes of Decisions
Cited in
12
cases, 2001–2020 · leading case:
Ramos v. State, 124 S.W.3d 326 (Tex. App.—Fort Worth 2003).
Ramos v. State, 124 S.W.3d 326 (Tex. App.—Fort Worth 2003).
· cites it 4× “” TEX. OCC. CODE ANN. § 159.003(a)(12). Appellant claims that in Hardy , which was handed down in 1997, the court of criminal appeals limited its consideration of the Medical Practices Act to the terms of the statute as it existed on December 7, 1992, the date the medical…”
United States v. Joseph Zadeh, 820 F.3d 746 (5th Cir. 2016).
“003 prohibits "the release of confidential information to investigate or, substantiate criminal charges against a patient,” and this provision would be rendered; meaningless if § 159,003 -were limited to hearings .”
In re Collins, 224 S.W.3d 798 (Tex. App.—Tyler 2007).
“See Tex Occ.Code Ann. §§ 159.003 (Vernon Supp.”
State v. Kelly, 166 S.W.3d 905 (Tex. App.—Corpus Christi 2005).
“See Tex. Occ.Code Ann. § 159.003(a)(10), (12) (Vernon 2004).”
Martin v. Crestline Hotels & Resorts, LLC, No. 1:19-cv-00470 (W.D. Tex. June 12, 2020).
“509(e)(4), 510(d)(5); see also TEX. OCC. CODE ANN. § 159.003(a)(4) (listing exception “in a civil action or administrative proceeding, if relevant, brought by the patient or a person on the patient’s behalf, if the patient or person is attempting to recover monetary damages for…”
Kolstad v. Durham Transp., LLC, No. 1:20-cv-00752 (W.D. Tex. Nov. 17, 2020).
“509(e)(4); see also TEX. OCC. CODE ANN. § 159.003(a)(4) (listing exception “in a civil action or administrative proceeding, if relevant, brought by the patient or a person on the patient’s behalf, if the patient or person is attempting to recover monetary damages for a physical…”
Kristina Ramos v. State, No. 02-03-00037-CR (Tex. App.—Fort Worth Dec. 18, 2003).
“I, § 9; TEX. OCC. CODE ANN. § 159.003(b), .005(a) (Vernon 2004).”
Rodriguez, Hector L., No. PD-1479-15 (Tex. Crim. App. Dec. 18, 2015).
“” TEX. OCC. CODE ANN. § 159.003(a)(10), (12) (West 2012).”
Tex. Occ. Code § 159.003(a)(1)(A): 1 case
Tex. Occ. Code § 159.003(a)(10): 2 cases
State v. Kelly, 166 S.W.3d 905 (Tex. App.—Corpus Christi 2005).
“See Tex. Occ.Code Ann. § 159.003(a)(10), (12) (Vernon 2004).”
Rodriguez, Hector L., No. PD-1479-15 (Tex. Crim. App. Dec. 18, 2015).
“” TEX. OCC. CODE ANN. § 159.003(a)(10), (12) (West 2012).”
Tex. Occ. Code § 159.003(a)(12): 2 cases
Ramos v. State, 124 S.W.3d 326 (Tex. App.—Fort Worth 2003).
“” TEX. OCC. CODE ANN. § 159.003(a)(12). Appellant claims that in Hardy , which was handed down in 1997, the court of criminal appeals limited its consideration of the Medical Practices Act to the terms of the statute as it existed on December 7, 1992, the date the medical…”
Tex. Occ. Code § 159.003(a)(4): 2 cases
Martin v. Crestline Hotels & Resorts, LLC, No. 1:19-cv-00470 (W.D. Tex. June 12, 2020).
“509(e)(4), 510(d)(5); see also TEX. OCC. CODE ANN. § 159.003(a)(4) (listing exception “in a civil action or administrative proceeding, if relevant, brought by the patient or a person on the patient’s behalf, if the patient or person is attempting to recover monetary damages for…”
Kolstad v. Durham Transp., LLC, No. 1:20-cv-00752 (W.D. Tex. Nov. 17, 2020).
“509(e)(4); see also TEX. OCC. CODE ANN. § 159.003(a)(4) (listing exception “in a civil action or administrative proceeding, if relevant, brought by the patient or a person on the patient’s behalf, if the patient or person is attempting to recover monetary damages for a physical…”
Tex. Occ. Code § 159.003(b): 3 cases
United States v. Joseph Zadeh, 820 F.3d 746 (5th Cir. 2016).
“003 prohibits "the release of confidential information to investigate or, substantiate criminal charges against a patient,” and this provision would be rendered; meaningless if § 159,003 -were limited to hearings .”
Ramos v. State, 124 S.W.3d 326 (Tex. App.—Fort Worth 2003).
“” TEX. OCC. CODE ANN. § 159.003(a)(12). Appellant claims that in Hardy , which was handed down in 1997, the court of criminal appeals limited its consideration of the Medical Practices Act to the terms of the statute as it existed on December 7, 1992, the date the medical…”
Kristina Ramos v. State, No. 02-03-00037-CR (Tex. App.—Fort Worth Dec. 18, 2003).
“I, § 9; TEX. OCC. CODE ANN. § 159.003(b), .005(a) (Vernon 2004).”
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