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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Occupations Code - OCC § 258.109. Request for Dental Record: Timing; Exception - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-258-109/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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