Sec. 611.003. PERSONS WHO MAY CLAIM PRIVILEGE OF CONFIDENTIALITY. (a) The privilege of confidentiality may be claimed by:
(1) the patient;
(2) a person listed in Section 611.004(a)(4) or (a)(5) who is acting on the patient's behalf; or
(3) the professional, but only on behalf of the patient.
(b) The authority of a professional to claim the privilege of confidentiality on behalf of the patient is presumed in the absence of evidence to the contrary.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle E - Special Provisions Relating to Mental Illness and Mental Retardation
Chapter 611 - Mental Health Records
Section 611.002. Confidentiality of Information and Prohibition Against Disclosure
Section 611.003. Persons Who May Claim Privilege of Confidentiality
Section 611.0045. Right to Mental Health Record
Section 611.005. Legal Remedies for Improper Disclosure or Failure to Disclose