75R10983 CAG-D
By Hochberg H.B. No. 561
Substitute the following for H.B. No. 561:
By Berlanga C.S.H.B. No. 561
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exchange of information between certain health care
1-3 regulatory agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 7, Government Code, is amended by adding
1-6 Chapter 774 to read as follows:
1-7 CHAPTER 774. EXCHANGE OF INFORMATION BETWEEN
1-8 REGULATORY AGENCIES
1-9 Sec. 774.001. DEFINITIONS. In this chapter:
1-10 (1) "Health care provider" means a person who has been
1-11 issued a license by a health care regulatory agency.
1-12 (2) "Health care regulatory agency" means a regulatory
1-13 agency that:
1-14 (A) appoints a member of the Health Professions
1-15 Council; or
1-16 (B) is supervised by the health licensing
1-17 division of the Texas Department of Health.
1-18 (3) "License" includes a license, certificate,
1-19 registration, permit, or other authorization, required by law or
1-20 state agency rule, that a person must obtain to practice or engage
1-21 in a particular business or occupation.
1-22 (4) "Regulatory agency" means an agency, including a
1-23 department, commission, board, or office, that:
1-24 (A) is created by the constitution or by
2-1 statute;
2-2 (B) is in the executive branch of state
2-3 government;
2-4 (C) has statewide authority; and
2-5 (D) has authority to deny, grant, renew, revoke,
2-6 or suspend a license.
2-7 Sec. 774.002. DUTY TO EXCHANGE INFORMATION. (a) A health
2-8 care regulatory agency that, in the course of an audit, review,
2-9 investigation, or examination of a complaint, obtains information
2-10 pertaining to the complaint that it believes may be grounds for
2-11 another health care regulatory agency to conduct an investigation
2-12 of or institute a disciplinary proceeding against a health care
2-13 provider shall forward the information and any subsequently
2-14 obtained information or final determination regarding the health
2-15 care provider to the other health care regulatory agency.
2-16 (b) Information that may be grounds for investigative or
2-17 disciplinary action by another health care regulatory agency
2-18 includes information:
2-19 (1) that relates to a violation of a rule or statute
2-20 enforced by the other health care regulatory agency; or
2-21 (2) that, in the good faith belief of the agency
2-22 obtaining the information, is likely to lead to the discovery of a
2-23 violation of a rule or statute enforced by the other health care
2-24 regulatory agency.
2-25 (c) Information forwarded by a health care regulatory agency
2-26 under this section that is privileged or confidential retains its
2-27 privileged or confidential nature following the receipt by another
3-1 health care regulatory agency. The privilege or confidentiality
3-2 extends to any agency communication concerning the information
3-3 forwarded, regardless of the form, manner, or content of the
3-4 communication.
3-5 (d) The forwarding of privileged or confidential information
3-6 by a health care regulatory agency does not waive a privilege in or
3-7 create an exception to the confidentiality of the information.
3-8 (e) An agency's provision of information or failure to
3-9 provide information under this section does not give rise to a
3-10 cause of action against the agency.
3-11 Sec. 774.003. PROCEDURE FOR EXCHANGE OF INFORMATION. (a) A
3-12 health care regulatory agency shall establish and implement written
3-13 procedures to ensure that information obtained that is required to
3-14 be forwarded under Section 774.002 is forwarded to the appropriate
3-15 health care regulatory agency not later than the 15th day after the
3-16 date the agency determines that the information is information that
3-17 it believes may be grounds for another health care regulatory
3-18 agency to conduct an investigation of or institute a disciplinary
3-19 proceeding against a health care provider under Section 774.002.
3-20 (b) A procedure adopted under this section must provide that
3-21 the executive head of a health care regulatory agency or the
3-22 executive head's designee may forward information under this
3-23 section only to the executive head or the executive head's designee
3-24 of the appropriate health care regulatory agency.
3-25 (c) In this section, "executive head" means the director,
3-26 executive director, commissioner, administrator, chief clerk, or
3-27 other individual who is appointed by the governing body or highest
4-1 officer of a health care regulatory agency to act as the chief
4-2 executive or administrative officer of the agency and who is not an
4-3 appointed officer.
4-4 SECTION 2. This Act takes effect September 1, 1997, and
4-5 applies only to information obtained by a health care regulatory
4-6 agency on or after the effective date of this Act. Information
4-7 obtained by a health care regulatory agency before the effective
4-8 date of this Act is governed by the law in effect on the date it
4-9 was obtained, and the former law is continued in effect for that
4-10 purpose.
4-11 SECTION 3. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.