Texas Occupations Code 159.005 – Consent for Release of Confidential Information
(a) Consent for the release of confidential information must be in writing and signed by:
(1) the patient;
(2) a parent or legal guardian of the patient if the patient is a minor;
(3) a legal guardian of the patient if the patient has been adjudicated incapacitated to manage the patient’s personal affairs;
(4) an attorney ad litem appointed for the patient, as authorized by:
(A) Subtitle C, Title 7, Health and Safety Code;
(B) Subtitle D, Title 7, Health and Safety Code;
(C) Title 3, Estates Code; or
(D) Chapter 107, Family Code; or
(5) a personal representative of the patient if the patient is deceased.
(b) The written consent must specify:
(1) the billing records, medical records, or other information to be covered by the release;
(2) the reasons or purposes for the release; and
(3) the person to whom the information is to be released.
Terms Used In Texas Occupations Code 159.005
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Medical records: means all records relating to the history, diagnosis, treatment, or prognosis of a patient. See Texas Occupations Code 151.002
- Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
- Physician: means a person licensed to practice medicine in this state. See Texas Occupations Code 151.002
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The patient, or other person authorized to consent, is entitled to withdraw the consent to the release of any information. Withdrawal of consent does not affect any information disclosed before the written notice of the withdrawal.
(d) A patient may not bring an action against a physician for a disclosure made by the physician in good faith reliance on an authorized consent if the physician did not have written notice that the authorization was revoked.
(e) A person who receives information made confidential by this subtitle may disclose the information only to the extent consistent with the authorized purposes for which consent to release the information is obtained.