(a) The patient is the holder of the privilege.
(b) The following persons may claim the privilege on the patient’s behalf:
(1) a person authorized to act on the patient’s behalf;
(2) a dentist acting on the patient’s behalf; and
(3) an agent or employee of a person listed in Subdivision (1) or (2).

Terms Used In Texas Occupations Code 258.103

  • 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

(c) A person’s authority to claim the privilege is presumed in the absence of evidence to the contrary.