(a) The privilege of confidentiality may be claimed by:
(1) the patient;
(2) a person listed in § 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.

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Terms Used In Texas Health and Safety Code 611.003

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005