Sec. 562.052. RELEASE OF CONFIDENTIAL RECORDS. A confidential record is privileged and a pharmacist may release a confidential record only to:
(1) the patient or the patient's agent;
(2) a practitioner or another pharmacist if, in the pharmacist's professional judgment, the release is necessary to protect the patient's health and well-being;
(3) the board or to a person or another state or federal agency authorized by law to receive the confidential record;
(4) a law enforcement agency engaged in investigation of a suspected violation of Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
(5) a person employed by a state agency that licenses a practitioner, if the person is performing the person's official duties; or
(6) an insurance carrier or other third party payor authorized by the patient to receive the information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Notes of Decisions
Cited in
1
case (
1 in the last 5 years), 2025–2025 · leading case:
The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, & Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, & Nonparty Patient No. 11, No. 15-25-00023-CV (Tex. App.—15th Dist. May 20, 2025).
The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, & Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, & Nonparty Patient No. 11, No. 15-25-00023-CV (Tex. App.—15th Dist. May 20, 2025).
· cites it 4× “The information sought also falls within Tex. Occ. Code § 562.052(3) exception to the pharmacist-patient privilege because the Attorney General’s Office is authorized by law to obtain the responsive information.”
Tex. Occ. Code § 562.052(3): 1 case
The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, & Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, & Nonparty Patient No. 11, No. 15-25-00023-CV (Tex. App.—15th Dist. May 20, 2025).
“The information sought also falls within Tex. Occ. Code § 562.052(3) exception to the pharmacist-patient privilege because the Attorney General’s Office is authorized by law to obtain the responsive information.”
Tex. Occ. Code § 562.052(4): 1 case
The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, & Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, & Nonparty Patient No. 11, No. 15-25-00023-CV (Tex. App.—15th Dist. May 20, 2025).
“The information sought also falls within Tex. Occ. Code § 562.052(3) exception to the pharmacist-patient privilege because the Attorney General’s Office is authorized by law to obtain the responsive information.”
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