Texas Occupations Code - OCC § 202.404. Exceptions to Privilege and Confidentiality in Certain Proceedings

(a) The privilege and confidentiality requirements under this subchapter do not apply in a court or administrative proceeding if:

(b) The privilege and confidentiality requirements under this subchapter do not apply in a civil litigation or administrative proceeding brought by a patient or a person authorized to act on the patient's behalf if the plaintiff is attempting to recover monetary damages for a physical or mental condition, including the patient's death.  Information that is otherwise confidential under this subchapter is discoverable in a court or administrative proceeding in this state if the information is relevant to the proceeding and the court or administrative body has jurisdiction over the subject matter under the applicable rules of procedure specified for that matter.

(c) The privilege and confidentiality requirements under this subchapter do not apply in a disciplinary investigation or proceeding against a podiatrist conducted under this chapter.

(d) Repealed by Acts 2019, 86th Leg., ch. 1144 (H.B. 2847), § 7.008(1).

(e) The department shall protect the identity of a patient whose podiatric records are examined or provided under Subsection (c), other than a patient who:

(f) The privilege and confidentiality requirements under this subchapter do not apply in a criminal prosecution in which the patient is a victim, witness, or defendant.  Records or communications are not discoverable under this subsection until the court in which the prosecution is pending makes an in camera determination as to the relevancy of the records or communications or part of the records or communications.  The court's determination does not constitute a determination as to the admissibility of the records or communications or part of the records or communications.