Texas Attorney General Opinion: LO96-102 Page: 2 of 8
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Ms. Rebecca E. Forkner - Page 2
(3) a judicial or administrative proceeding in which the
patient waives the patient's right in writing to the privilege of
confidentiality of information or when a representative of the
patient acting on the patient's behalf submits a written waiver to
the confidentiality privilege;
(4) a judicial or administrative proceeding to substantiate
and collect on a claim for mental or emotional health services
rendered to the patient;
(5) a judicial proceeding if the judge finds that the patient,
after having been informed that communications would not be
privileged, has made communications to a professional in the
course of a court-ordered examination relating to the patient's
mental or emotional condition or disorder,... [exception
omitted];
(6) a judicial proceeding affecting the parent-child
relationship;
(7) any criminal proceeding, as otherwise provided by law;
(8) a judicial or administrative proceeding regarding the
abuse or neglect, or the cause of abuse or neglect, of a resident
of an institution, as that term is defined by Chapter 242;
(9) a judicial proceeding relating to a will if the patient's
physical or mental condition is relevant to the execution of the
will;
(10) an involuntary commitment proceeding for court-
ordered treatment or for a probable cause hearing ...;
(11) a judicial or adminitrative proceeding where the
court or agency has issued an order or subpoena.
(b) On granting an order under Subsection (aX5), the court, in
determining the extent to which disclosure of all or any part of a
communication is necessary, shall impose appropriate safeguards
against unauthorized disclosure. [Emphasis added.]
You state that psychologists typically receive numerous subpoena duces tecum3
for psychological records of present and former patients, and you ask how a psychologist
should respond to receiving such a subpoena. You believe that subsection 611.006(aXl 1)
3A subpoena dues tecum issued pursuant to rule 177a of the Texas Rules of Civil Procedure
reuires a witness to produce documentary evidence.(L096-102)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO96-102, text, September 23, 1996; (https://texashistory.unt.edu/ark:/67531/metapth277135/m1/2/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.