§ 801.353 — CONFIDENTIALITY; WAIVER.

Texas § 801.353

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 801.353. CONFIDENTIALITY; WAIVER. (a) A veterinarian may not violate the confidential relationship between the veterinarian and the veterinarian's client.
(b) A veterinarian may not be required to release information concerning the veterinarian's care of an animal, except on the veterinarian's receipt of:
(1) a written authorization or other form of waiver executed by the client; or
(2) an appropriate court order or subpoena.
(c) A veterinarian who releases information as required under Subsection (b) is not liable to any person, including the client, for an action resulting from the disclosure.
(d) The privilege provided by this section is waived by the client or the owner of an animal treated by the veterinarian to the extent the client or owner places at issue in a civil or criminal proceeding:
(1) the nature and extent of the animal's injuries; or
(2) the care and treatment of the animal provided by the veterinarian.
(d-1) The privilege provided by this section is waived by the client or the owner of the animal treated by the veterinarian in a proceeding to substantiate and collect on a claim for the provision of or a debt incurred for veterinary services.
(d-2) The privilege provided by this section is waived by the client or the owner of the animal treated by the veterinarian with respect to information regarding the animal's care and treatment by the veterinarian that the client or owner publishes in a public forum if:
(1) the information shared by the client or owner in the public forum is false with respect to the veterinarian;
(2) any information shared by the veterinarian in response is limited to factual information of which the veterinarian has knowledge that directly refutes the false information shared by the client or owner in the public forum; and
(3) the veterinarian does not share any personally identifiable information of a client or owner other than the full name of the client or owner.
(e) This section does not apply to an inspection or investigation conducted by the board or an agent of the board.
(f) A veterinarian does not violate this section by providing the name or address of a client, or the rabies vaccination status of a specific client's specific animal, to a public health authority, veterinarian, physician, or other licensed health care professional who requests the identity of the client to obtain information for:
(1) the verification of a rabies vaccination;
(2) other treatment involving a life-threatening situation; or
(3) a public health purpose.
(f-1) A veterinarian does not violate this section by providing to a veterinarian or an appropriate governmental entity information regarding:
(1) the prescribing, dispensing, or requesting of a controlled substance; or
(2) cruelty to or an attack of an animal.
(g) A public health authority or other governmental entity that receives information under Subsection (f) or (f-1) shall maintain the confidentiality of the information, may not disclose the information under Chapter 552 , Government Code, and may not use the information for a purpose that does not directly relate to law enforcement or the protection of public health and safety.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 971 (H.B. 1767 ), Sec. 2, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 231 (H.B. 413 ), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 411 (S.B. 811 ), Sec. 6, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 14.003, eff. September 1, 2013. Acts 2021, 87th Leg., R.S., Ch. 827 (H.B. 2850 ), Sec. 2, eff. September 1, 2021.