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.