By: Danburg H.B. No. 1134
73R3196 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of podiatry.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 4568b, Revised Statutes, is amended to
1-5 read as follows:
1-6 Art. 4568b. SUNSET PROVISION. The Texas State Board of
1-7 Podiatry Examiners is subject to Chapter 325, Government Code
1-8 (Texas Sunset Act). Unless continued in existence as provided by
1-9 that chapter, the board is abolished September 1, 2005 <1993>.
1-10 SECTION 2. Title 71, Revised Statutes, is amended by adding
1-11 Article 4573c to read as follows:
1-12 Art. 4573c. PODIATRIC PEER REVIEW COMMITTEES
1-13 Sec. 1. In this article:
1-14 (1) "Podiatric peer review committee" means the
1-15 podiatric peer review, judicial, or grievance committee of a
1-16 podiatric medical society or association that is authorized to
1-17 evaluate the quality of podiatry services or the competence of a
1-18 podiatrist. A podiatric peer review committee includes the
1-19 members, employees, and agents of the committee.
1-20 (2) "Podiatric medical society or association" means a
1-21 membership organization of podiatrists that is incorporated under
1-22 the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
1-23 Vernon's Texas Civil Statutes) or that is exempt from the payment
1-24 of federal income taxes under Section 501(c) of the Internal
2-1 Revenue Code of 1986 (26 U.S.C. Section 501(c)).
2-2 Sec. 2. Except for an action involving fraud, conspiracy, or
2-3 malice, a podiatric peer review committee is immune from liability
2-4 and may not be subject to a suit for damages for any act arising
2-5 from the performance of the committee's duties in investigating a
2-6 disagreement or complaint, holding a hearing to determine facts, or
2-7 making an evaluation, recommendation, decision, or award involving
2-8 a podiatrist who is a member of the podiatric medical society or
2-9 association or another podiatrist, podiatric patient, or third
2-10 party who requests the services of the committee.
2-11 Sec. 3. Except as otherwise provided by this article, the
2-12 proceedings and records of a podiatric peer review committee are
2-13 confidential and all communications made to a podiatric peer review
2-14 committee are privileged. However, if a judge makes a preliminary
2-15 finding that the proceedings, records, or communications of a
2-16 podiatric peer review committee are relevant to an anticompetitive
2-17 action or to an action brought under federal civil rights laws, the
2-18 proceedings, records, or communications are not considered to be
2-19 confidential to the extent the proceedings, records, or
2-20 communications are determined to be relevant to that action.
2-21 Sec. 4. Written or oral communications made to a podiatric
2-22 peer review committee and the records and proceedings of a peer
2-23 review committee may be disclosed to:
2-24 (1) another podiatric peer review committee;
2-25 (2) an appropriate state or federal agency;
2-26 (3) a national accreditation body; or
2-27 (4) the Texas State Board of Podiatry Examiners or the
3-1 state board of registration or licensure of podiatrists in another
3-2 state.
3-3 Sec. 5. (a) The disclosure of confidential podiatric peer
3-4 review committee information to the affected podiatrist that is
3-5 relevant to the matter under review by the committee does not
3-6 constitute a waiver of the confidentiality provisions of this
3-7 article.
3-8 (b) If a podiatric peer review committee takes action that
3-9 could result in censure or suspension, restriction, limitation, or
3-10 revocation of a license by the Texas State Board of Podiatry
3-11 Examiners or a denial of membership or privileges in a health care
3-12 entity, the affected podiatrist shall be provided a written copy of
3-13 the recommendation of the podiatric peer review committee and a
3-14 copy of the final decision, including a statement of the basis for
3-15 the decision.
3-16 Sec. 6. (a) Unless disclosure is required or authorized by
3-17 law, the records or determinations of a podiatric peer review
3-18 committee or communications made to a podiatric peer review
3-19 committee are not subject to subpoena or discovery and are not
3-20 admissible as evidence in a civil or administrative proceeding.
3-21 However, a committee may in writing waive the privilege of
3-22 confidentiality.
3-23 (b) The evidentiary privilege under this article may be
3-24 invoked by any person or organization in a civil or administrative
3-25 proceeding unless the person or organization has secured a waiver
3-26 of the privilege executed in writing by the chairman,
3-27 vice-chairman, or secretary of the affected podiatric peer review
4-1 committee.
4-2 (c) If a podiatric peer review committee, a person
4-3 participating in peer review, or an organization named as a
4-4 defendant in any civil action filed as a result of participating in
4-5 peer review is permitted to use confidential information in the
4-6 defendant's defense or in a claim or suit under Section 9 of this
4-7 article, the plaintiff in that proceeding also may disclose the
4-8 records or determinations of a peer review committee or
4-9 communications made to a peer review committee to rebut the
4-10 defendant.
4-11 (d) A person who seeks access to privileged information must
4-12 plead and prove waiver of the privilege.
4-13 (e) A member, employee, or agent of a podiatric peer review
4-14 committee who provides access to otherwise privileged
4-15 communications or records in cooperation with a law enforcement
4-16 authority in a criminal investigation has not waived any privilege
4-17 established under this article.
4-18 Sec. 7. (a) All persons, including the governing body and
4-19 medical staff of a health care entity, shall comply with a subpoena
4-20 issued by the Texas State Board of Podiatry Examiners for documents
4-21 or information.
4-22 (b) The disclosure of documents or information under a
4-23 subpoena does not constitute a waiver of the confidentiality
4-24 privilege associated with a podiatric peer review committee
4-25 proceeding.
4-26 (c) Failure to comply with a subpoena constitutes grounds
4-27 for disciplinary action against the facility or individual by the
5-1 Texas State Board of Podiatry Examiners.
5-2 Sec. 8. A person, health care entity, or podiatric peer
5-3 review committee that participates in podiatric peer review
5-4 activity or furnishes records, information, or assistance to a
5-5 podiatric peer review committee or to the Texas State Board of
5-6 Podiatry Examiners is immune from any civil liability arising from
5-7 those acts if the acts were made in good faith and without malice.
5-8 Sec. 9. A podiatric peer review committee, a person
5-9 participating in peer review, or another entity named as a
5-10 defendant in any civil action filed as a result of the defendant's
5-11 participation in peer review may file a counterclaim in the pending
5-12 action or may prove a cause of action in a subsequent suit to
5-13 recover defense costs, including court costs, attorney's fees, and
5-14 damages incurred as a result of the civil action, if the
5-15 plaintiff's original suit is determined to be frivolous or to have
5-16 been brought in bad faith.
5-17 SECTION 3. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended,
5-22 and that this Act take effect and be in force from and after its
5-23 passage, and it is so enacted.