(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.

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