{"data":{"id":"us-tx/tex.-occupations-code-202.455","jurisdiction":"us-tx","citation":"Tex. Occupations Code § 202.455","heading":"PRIVILEGE OF CONFIDENTIALITY; WAIVER.","body":"(a) The records or determinations of a podiatric peer review committee or communications made to a committee are not subject to subpoena or discovery and are not admissible as evidence in a civil or administrative proceeding unless disclosure is required or authorized by law. A committee may in writing waive the privilege of confidentiality.\n(b) The evidentiary privilege under this subchapter may be invoked by any person in a civil or administrative proceeding unless the person has secured a waiver of the privilege executed in writing by the chairman, vice chairman, or secretary of the affected podiatric peer review committee.\n(c) If a podiatric peer review committee, a person participating in peer review, or an organization named as a defendant in a civil action filed as a result of participating in peer review is permitted to use confidential information in the defendant's defense or in a claim or suit under Section 202.457, the plaintiff in that proceeding also may disclose the records or determinations of a peer review committee or communications made to a peer review committee to rebut the defendant.\n(d) A person who seeks access to privileged information must plead and prove waiver of the privilege.\n(e) A member, employee, or agent of a podiatric peer review committee who provides access to otherwise privileged communications or records in cooperation with a law enforcement authority in a criminal investigation does not waive a privilege established under this subchapter.\n(f) The disclosure of documents or information under a subpoena issued by the department does not constitute a waiver of the confidentiality privilege associated with a podiatric peer review committee proceeding.\nActs 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.\nAmended by:\nActs 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 44, eff. September 1, 2017.","path":["OCCUPATIONS CODE","TITLE 3. HEALTH PROFESSIONS","SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES","CHAPTER 202. PODIATRISTS","SUBCHAPTER J. PEER REVIEW"],"source_url":"https://statutes.capitol.texas.gov/Docs/OC/htm/OC.202.htm#202.455","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:31Z","sha256":"4a9a4ecdf7d6fceb40a14601cd40f5553015eb50df82ab51003d7dcb73d43ba8","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-occupations-code-202.454","next":"us-tx/tex.-occupations-code-202.456"},"notice":"GroundRules: Original legal text. Not legal advice."}