Sec. 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.
(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.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 11, eff. September 1, 2019.