BILL ANALYSIS
S.B. 570
By: Moncrief
Health and Human Services
4-6-95
Committee Report (Unamended)
BACKGROUND
Under current law, the Health Professions Council is a coordinating
entity for the health professions licensing boards which provide a
single portal through which consumers can make complaints against
licensees. The law includes provisions for receiving and
processing complaints of a professional licensed by one of the
boards under the Council. However, there is no provision to
ensure the confidentiality of any information regarding a complaint
received by the Council.
PURPOSE
As proposed, S.B. 570 requires confidentiality of complaint
information in the possession of the Health Professions Council.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2, Article 4512p, V.T.C.S., by adding
Subsection (c), as follows:
(c) Provides that all complaints, adverse reports, and other
complaint information regarding the content of a complaint in
the possession of or received or gathered by the Health
Professions Council (council) or its employees or agents
relating to a person, initiating a complaint or the licensed
professional, being complained against are privileged and
confidential and are not subject to discovery, subpoena, or
other means of legal compulsion for their release to anyone
other than council employees or agents involved in collecting
complaint information or the specific council member agency or
board responsible for the regulation of the health profession
under which the individual or institution being complained
against is licensed or its employees or agents involved in
licensee discipline.
SECTION 2. Effective date: September 1, 1995.
SECTION 3. Emergency clause.