1. (a) The privilege does not apply in a court or administrative proceeding if the proceeding is:

   1. (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
   2. (2) to collect on a claim for dental services rendered to the patient.

2. (b) The privilege does not apply to the disclosure of a dental record:

   1. (1) to the board in a disciplinary investigation or proceeding against a dentist conducted under this subtitle; or
   2. (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.
3. (c) The board may not reveal the identity of a patient whose dental record is disclosed under Subsection (b).

4. (d) Privileged information is discoverable in a criminal prosecution if:

   1. (1) the patient is a victim, witness, or defendant; and
   2. (2) the court in which the prosecution is pending rules, after an in camera review, that the information is relevant for discovery purposes.

5. (e) Privileged information is admissible in a criminal prosecution if:

   1. (1) the patient is a victim, witness, or defendant; and
   2. (2) the court in which the prosecution is pending rules, after an in camera review, that the information is relevant.
6. (f) The privilege does not apply to a grand jury subpoena.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.086(b), eff. Sept. 1, 2001.