Texas Occupations Code 258.106 – Exception to Privilege for Certain Disclosures by Dentist
(a) The privilege does not apply to the disclosure of information by a dentist to:
(1) a governmental agency, if:
(A) the disclosure is required by another law; and
(B) the agency agrees to keep confidential the identity of a patient whose dental record is disclosed;
(2) medical or law enforcement personnel, if the dentist determines that it is more likely than not that the following will occur:
(A) imminent physical injury to the patient, the dentist, or others; or
(B) immediate mental or emotional injury to the patient;
(3) a person in relation to a management or financial audit, program evaluation, or research, if the person agrees to keep confidential the identity of a patient whose dental record is disclosed;
(4) a person involved in the payment or collection of fees for services rendered by a dentist, if necessary; or
(5) another dentist, or a person under the direction of the dentist, who participates in the diagnosis, evaluation, or treatment of the patient.
(b) A person who receives information under Subsection (a)(3) may not disclose a patient’s identity in writing.
Terms Used In Texas Occupations Code 258.106
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A record reflecting a charge or specific service provided may be disclosed only when necessary in the collection of fees for a service provided by a dentist, professional association, or other entity qualified to provide or arrange for a service.