Sec. 258.109. REQUEST FOR DENTAL RECORD: TIMING; EXCEPTION. (a) If disclosure of a dental record is authorized under this subchapter, a dentist shall disclose the dental record within a reasonable period after it is requested but not later than:
(1) the 30th day after the date on which it is requested from the dentist; or
(2) a date ordered by a court.
(b) A dentist may refuse to disclose the requested record if the dentist determines that providing the information would be harmful to the physical, mental, or emotional health of the patient, except that requests from the board may not be refused. If the dentist determines that disclosing the record would be harmful, the dentist shall notify the person requesting the record and explain why the information would be harmful. The person requesting the record may challenge in court the dentist's refusal to disclose the record. If the court finds that the dentist made the refusal in bad faith, the court may order the disclosure of the record and award costs and attorney's fees incurred by the person to obtain the information.
(c) In disclosing a dental record under this section, a dentist shall redact privileged information about another person.
(d) A dentist may charge a reasonable fee for providing a dental record under this section. For purposes of this subsection, a fee established under Section 241.154, Health and Safety Code, is a reasonable fee.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.
Structure Texas Statutes
Chapter 258 - Practice by Dentist
Subchapter C. Dental Privilege
Section 258.102. Scope of Privilege
Section 258.103. Holder of Privilege
Section 258.104. Consent to Disclosure of Privileged Information
Section 258.105. Exception to Privilege for Certain Proceedings
Section 258.106. Exception to Privilege for Certain Disclosures by Dentist
Section 258.107. Exception to Privilege for Certain Legislative Inquiries
Section 258.108. Limit on Disclosure
Section 258.109. Request for Dental Record: Timing; Exception