Sec. 258.105.  EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS.  (a)  The privilege does not apply in a court or administrative proceeding if the proceeding is:
(1)  brought by the patient against a dentist, including a malpractice, criminal, or license revocation proceeding, and the disclosure is relevant to a claim or defense of the dentist;  or
(2)  to collect on a claim for dental services rendered to the patient.
(b)  The privilege does not apply to the disclosure of a dental record:
(1)  to the board in a disciplinary investigation or proceeding against a dentist conducted under this subtitle;  or
(2)  in a criminal investigation or proceeding against a dentist in which the board is participating or assisting by providing a record obtained from the dentist.
(c)  The board may not reveal the identity of a patient whose dental record is disclosed under Subsection (b).
(d)  Privileged information is discoverable in a criminal prosecution if:
(1)  the patient is a victim, witness, or defendant;  and
(2)  the court in which the prosecution is pending rules, after an in camera review, that the information is relevant for discovery purposes.
(e)  Privileged information is admissible in a criminal prosecution if:
(1)  the patient is a victim, witness, or defendant;  and
(2)  the court in which the prosecution is pending rules, after an in camera review, that the information is relevant.
(f)  The privilege does not apply to a grand jury subpoena.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.