Texas Occupations Code 258.104 – Consent to Disclosure of Privileged Information
(a) A person may disclose privileged information if the patient consents to the disclosure as provided in this section.
(b) Consent for the release of privileged information must be in writing and be signed by:
(1) the patient;
(2) a parent or legal guardian of the patient, if the patient is a minor;
(3) a legal guardian of the patient, if the patient has been adjudicated incompetent to manage the patient’s personal affairs;
(4) an attorney ad litem appointed for the patient, as authorized by:
(A) Chapter 107, Family Code;
(B) Subtitle B, Title 6, Health and Safety Code;
(C) Subtitle C, Title 7, Health and Safety Code;
(D) Subtitle D, Title 7, Health and Safety Code;
(E) Subtitle E, Title 7, Health and Safety Code;
(F) Chapter 1054, Estates Code; or
(G) any other law; or
(5) a personal representative of the patient, if the patient is deceased.
Terms Used In Texas Occupations Code 258.104
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The consent required under this section must specify:
(1) the information covered by the release;
(2) the person to whom the information is to be released; and
(3) the purpose for the release.
(d) A person may withdraw consent granted under this section by notifying in writing the person who maintains the information. Withdrawal of consent does not affect information disclosed before the written notice of the withdrawal is delivered.