{"data":{"id":"us-tx/tex.-occupations-code-261.054","jurisdiction":"us-tx","citation":"Tex. Occupations Code § 261.054","heading":"COMMITTEE'S EVIDENTIARY PRIVILEGE.","body":"(a) Unless disclosure is required or authorized by law, records or determinations of or communications to a dental peer review committee are not subject to subpoena or discovery and are not admissible as evidence in a civil judicial or administrative proceeding unless the committee executes in writing a waiver of the confidentiality privilege.\n(b) The evidentiary privilege created by this chapter may be invoked by any person in any civil judicial or administrative proceeding unless the person has secured a waiver of the privilege executed in writing by the presiding officer, assistant presiding officer, or secretary of the affected dental peer review committee.\n(c) If a dental peer review committee or a person participating in peer review named as a defendant in a civil action filed as a result of participation in peer review may use otherwise confidential information in the person's defense or in a claim or suit under Section 261.104, the plaintiff in the proceeding may disclose the records or determinations of a peer review committee or communications made to a peer review committee in rebuttal to information supplied by the defendant.\n(d) A person seeking access to privileged information must plead and prove waiver of the privilege.\n(e) A member, employee, or agent of a dental peer review committee who provides access to privileged communications or records in cooperation with a law enforcement authority in a criminal investigation is not considered to have waived a privilege established under this chapter.\nActs 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.","path":["OCCUPATIONS CODE","TITLE 3. HEALTH PROFESSIONS","SUBTITLE D. DENTISTRY","CHAPTER 261. CONFIDENTIALITY AND IMMUNITY OF DENTAL PEER REVIEW COMMITTEE","SUBCHAPTER B. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION"],"source_url":"https://statutes.capitol.texas.gov/Docs/OC/htm/OC.261.htm#261.054","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:31Z","sha256":"ef60c307a25b27d484f0b8d5b5143a1ac91c40013d8dd26c1a21bc5e3de524cb","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-occupations-code-261.053","next":"us-tx/tex.-occupations-code-261.055"},"notice":"GroundRules: Original legal text. Not legal advice."}
