Texas Occupations Code 201.405 – Consent for Release
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(a) In this section, “chiropractic records” means any record relating to the history, diagnosis, treatment, or prognosis of a patient.
(b) Consent for the release of confidential information must be in writing and signed by:
(1) the patient;
(2) a parent or legal guardian if the patient is a minor;
(3) a legal guardian if the patient has been adjudicated incompetent to manage the patient’s personal affairs;
(4) an attorney ad litem appointed for the patient, as authorized by:
(A) Subtitle B, Title 6, Health and Safety Code;
(B) Subtitle C, D, or E, Title 7, Health and Safety Code;
(C) Title 3, Estates Code;
(D) Chapter 107, Family Code; or
(E) another applicable provision; or
(5) a personal representative if the patient is deceased.
Terms Used In Texas Occupations Code 201.405
- 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
- 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
- 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 written consent must specify:
(1) the information records covered by the release;
(2) the reason or purpose for the release; and
(3) the person to whom the information is to be released.
(d) The patient or the person authorized to consent to disclosure under this section may withdraw consent to the release of any information. Withdrawal of consent does not affect any information disclosed before written notice of the withdrawal.
(e) A person who receives information made confidential by this chapter may disclose the information to another only to the extent that disclosure is consistent with the authorized purposes for which consent to release the information was obtained.
(f) A chiropractor shall furnish copies of chiropractic records or a summary or narrative of the records requested under a written consent for release of the information. The chiropractor shall furnish the information within a reasonable time. The patient or a person acting on the patient’s behalf shall pay a reasonable fee for the information provided by the chiropractor. The chiropractor may delete confidential information about another person who has not consented to the release.
(g) A chiropractor who determines that access to information requested under Subsection (f) would be harmful to the physical, mental, or emotional health of the patient may refuse to release the information requested under this section.