By Davila H.B. No. 2667
74R7826 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to access by a patient or prospective patient to
1-3 information regarding certain criminal convictions of a physician.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Medical Practice Act (Article
1-6 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
1-7 3.081 to read as follows:
1-8 Sec. 3.081. PATIENT ACCESS TO CERTAIN INFORMATION. (a) On
1-9 the written request of a patient or prospective patient of a
1-10 physician regulated by the board, the board shall release to that
1-11 patient or prospective patient information in the custody of the
1-12 board regarding any conviction of that physician of a felony or a
1-13 misdemeanor that involves moral turpitude.
1-14 (b) The board shall release the information required under
1-15 this section in a written format.
1-16 (c) The board shall adopt rules as necessary to implement
1-17 this section.
1-18 (d) For purposes of this section:
1-19 (1) "Patient" means a person who has received the
1-20 professional services of a physician for treatment of a disease,
1-21 disorder, or injury.
1-22 (2) "Prospective patient" means a person who
1-23 reasonably plans or expects in the course of treatment of a
1-24 disease, disorder, or injury, to receive the professional services
2-1 of a physician.
2-2 SECTION 2. Section 4.05, Medical Practice Act (Article
2-3 4495b, Vernon's Texas Civil Statutes), is amended by amending
2-4 Subsection (c) and by adding Subsection (e) to read as follows:
2-5 (c) Except as provided by Subsection (e) of this section,
2-6 all <All> complaints, adverse reports, investigation files, other
2-7 investigation reports, and other investigative information in the
2-8 possession of, received or gathered by the board or its employees
2-9 or agents relating to a licensee, an application for license, or a
2-10 criminal investigation or proceedings are privileged and
2-11 confidential and are not subject to discovery, subpoena, or other
2-12 means of legal compulsion for their release to anyone other than
2-13 the board or its employees or agents involved in licensee
2-14 discipline. Not later than 30 days after receiving a written
2-15 request from a licensee who is the subject of a formal complaint
2-16 initiated and filed under Section 4.03 of this Act or from the
2-17 licensee's counsel of record and subject to any other privileges or
2-18 restrictions set forth by rule, statute, or legal precedent, and
2-19 unless good cause is shown for delay, the board shall provide the
2-20 licensee with access to all information in its possession that the
2-21 board intends to offer into evidence in presenting its case in
2-22 chief at the contested hearing on the complaint. However, the
2-23 board is not required to provide board investigative reports or
2-24 investigative memoranda, the identity of nontestifying
2-25 complainants, attorney-client communications, attorney-work
2-26 product, or other materials covered by a privilege as recognized by
2-27 the Texas Rules of Civil Procedure or the Texas Rules of Civil
3-1 Evidence. The furnishing of information shall not constitute a
3-2 waiver of privilege or confidentiality under this section, this
3-3 Act, or other applicable law. Investigative information in the
3-4 possession of the board or its employees or agents which relates to
3-5 licensee discipline may be disclosed to the appropriate licensing
3-6 authority in another state, the District of Columbia, or a
3-7 territory or country in which the licensee is licensed or has
3-8 applied for a license, or to a peer review committee reviewing an
3-9 application for privileges or the qualifications of the licensee
3-10 with respect to retaining privileges. If the investigative
3-11 information in the possession of the board or its employees or
3-12 agents indicates a crime may have been committed, the information
3-13 shall be reported to the proper law enforcement agency. The board
3-14 shall cooperate and assist all law enforcement agencies conducting
3-15 criminal investigations of licensees by providing information which
3-16 is relevant to the criminal investigation to the investigating
3-17 agency. Any information disclosed by the board to an investigative
3-18 agency shall remain confidential and shall not be disclosed by the
3-19 investigating agency except as necessary to further the
3-20 investigation. The board shall provide information upon the
3-21 written request of a health-care entity about a complaint filed
3-22 against a licensee that was resolved after investigation by a
3-23 disciplinary order of the board or by an agreed settlement and the
3-24 basis of and current status of any complaint under active
3-25 investigation. The board shall keep information on file about each
3-26 complaint filed with the board, consistent with this Act. If a
3-27 written complaint is filed with the board relating to a person
4-1 licensed by the board, the board, at least as often as quarterly
4-2 and until final determination of the action to be taken relative to
4-3 the complaint, shall notify the parties to the complaint consistent
4-4 with this Act of the status of the complaint unless the notice
4-5 would jeopardize an active investigation.
4-6 (e) The confidentiality requirements imposed under
4-7 Subsection (c) of this section do not affect the right of a patient
4-8 or prospective patient to obtain information from the board under
4-9 Section 3.081 of this Act regarding certain convictions of a
4-10 physician.
4-11 SECTION 3. This Act takes effect September 1, 1995.
4-12 SECTION 4. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.