{"data":{"id":"us-tx/tex.-occupations-code-258.105","jurisdiction":"us-tx","citation":"Tex. Occupations Code § 258.105","heading":"EXCEPTION TO PRIVILEGE FOR CERTAIN PROCEEDINGS.","body":"(a) The privilege does not apply in a court or administrative proceeding if the proceeding is:\n(1) brought by the patient against a dentist, including a malpractice, criminal, or license revocation proceeding, and the disclosure is relevant to a claim or defense of the dentist; or\n(2) to collect on a claim for dental services rendered to the patient.\n(b) The privilege does not apply to the disclosure of a dental record:\n(1) to the board in a disciplinary investigation or proceeding against a dentist conducted under this subtitle; or\n(2) in a criminal investigation or proceeding against a dentist in which the board is participating or assisting by providing a record obtained from the dentist.\n(c) The board may not reveal the identity of a patient whose dental record is disclosed under Subsection (b).\n(d) Privileged information is discoverable in a criminal prosecution if:\n(1) the patient is a victim, witness, or defendant; and\n(2) the court in which the prosecution is pending rules, after an in camera review, that the information is relevant for discovery purposes.\n(e) Privileged information is admissible in a criminal prosecution if:\n(1) the patient is a victim, witness, or defendant; and\n(2) the court in which the prosecution is pending rules, after an in camera review, that the information is relevant.\n(f) The privilege does not apply to a grand jury subpoena.\nAdded by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.","path":["OCCUPATIONS CODE","TITLE 3. HEALTH PROFESSIONS","SUBTITLE D. DENTISTRY","CHAPTER 258. PRACTICE BY DENTIST","SUBCHAPTER C. DENTAL PRIVILEGE"],"source_url":"https://statutes.capitol.texas.gov/Docs/OC/htm/OC.258.htm#258.105","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:31Z","sha256":"ecbe02729a05763ed9231dfeb824387f0ceb8a0b0a4f7343a2682591ed1d9793","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-occupations-code-258.104","next":"us-tx/tex.-occupations-code-258.106"},"notice":"GroundRules: Original legal text. Not legal advice."}