1-1 By: Hochberg (Senate Sponsor - Zaffirini) H.B. No. 561 1-2 (In the Senate - Received from the House May 7, 1997; 1-3 May 8, 1997, read first time and referred to Committee on Health 1-4 and Human Services; May 14, 1997, reported favorably by the 1-5 following vote: Yeas 10, Nays 0; May 14, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the exchange of information between certain health care 1-9 regulatory agencies. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Title 7, Government Code, is amended by adding 1-12 Chapter 774 to read as follows: 1-13 CHAPTER 774. EXCHANGE OF INFORMATION BETWEEN 1-14 REGULATORY AGENCIES 1-15 Sec. 774.001. DEFINITIONS. In this chapter: 1-16 (1) "Health care provider" means a person who has been 1-17 issued a license by a health care regulatory agency. 1-18 (2) "Health care regulatory agency" means a regulatory 1-19 agency that: 1-20 (A) appoints a member of the Health Professions 1-21 Council; or 1-22 (B) is supervised by the health licensing 1-23 division of the Texas Department of Health. 1-24 (3) "License" includes a license, certificate, 1-25 registration, permit, or other authorization, required by law or 1-26 state agency rule, that a person must obtain to practice or engage 1-27 in a particular business or occupation. 1-28 (4) "Regulatory agency" means an agency, including a 1-29 department, commission, board, or office, that: 1-30 (A) is created by the constitution or by 1-31 statute; 1-32 (B) is in the executive branch of state 1-33 government; 1-34 (C) has statewide authority; and 1-35 (D) has authority to deny, grant, renew, revoke, 1-36 or suspend a license. 1-37 Sec. 774.002. DUTY TO EXCHANGE INFORMATION. (a) A health 1-38 care regulatory agency that, in the course of an audit, review, 1-39 investigation, or examination of a complaint, obtains information 1-40 pertaining to the complaint that it believes may be grounds for 1-41 another health care regulatory agency to conduct an investigation 1-42 of or institute a disciplinary proceeding against a health care 1-43 provider shall forward the information and any subsequently 1-44 obtained information or final determination regarding the health 1-45 care provider to the other health care regulatory agency. 1-46 (b) Information that may be grounds for investigative or 1-47 disciplinary action by another health care regulatory agency 1-48 includes information: 1-49 (1) that relates to a violation of a rule or statute 1-50 enforced by the other health care regulatory agency; or 1-51 (2) that, in the good faith belief of the agency 1-52 obtaining the information, is likely to lead to the discovery of a 1-53 violation of a rule or statute enforced by the other health care 1-54 regulatory agency. 1-55 (c) Information forwarded by a health care regulatory agency 1-56 under this section that is privileged or confidential retains its 1-57 privileged or confidential nature following the receipt by another 1-58 health care regulatory agency. The privilege or confidentiality 1-59 extends to any agency communication concerning the information 1-60 forwarded, regardless of the form, manner, or content of the 1-61 communication. 1-62 (d) The forwarding of privileged or confidential information 1-63 by a health care regulatory agency does not waive a privilege in or 1-64 create an exception to the confidentiality of the information. 2-1 (e) An agency's provision of information or failure to 2-2 provide information under this section does not give rise to a 2-3 cause of action against the agency. 2-4 Sec. 774.003. PROCEDURE FOR EXCHANGE OF INFORMATION. (a) A 2-5 health care regulatory agency shall establish and implement written 2-6 procedures to ensure that information obtained that is required to 2-7 be forwarded under Section 774.002 is forwarded to the appropriate 2-8 health care regulatory agency not later than the 15th day after the 2-9 date the agency determines that the information is information that 2-10 it believes may be grounds for another health care regulatory 2-11 agency to conduct an investigation of or institute a disciplinary 2-12 proceeding against a health care provider under Section 774.002. 2-13 (b) A procedure adopted under this section must provide that 2-14 the executive head of a health care regulatory agency or the 2-15 executive head's designee may forward information under this 2-16 section only to the executive head or the executive head's designee 2-17 of the appropriate health care regulatory agency. 2-18 (c) In this section, "executive head" means the director, 2-19 executive director, commissioner, administrator, chief clerk, or 2-20 other individual who is appointed by the governing body or highest 2-21 officer of a health care regulatory agency to act as the chief 2-22 executive or administrative officer of the agency and who is not an 2-23 appointed officer. 2-24 SECTION 2. This Act takes effect September 1, 1997, and 2-25 applies only to information obtained by a health care regulatory 2-26 agency on or after the effective date of this Act. Information 2-27 obtained by a health care regulatory agency before the effective 2-28 date of this Act is governed by the law in effect on the date it 2-29 was obtained, and the former law is continued in effect for that 2-30 purpose. 2-31 SECTION 3. The importance of this legislation and the 2-32 crowded condition of the calendars in both houses create an 2-33 emergency and an imperative public necessity that the 2-34 constitutional rule requiring bills to be read on three several 2-35 days in each house be suspended, and this rule is hereby suspended. 2-36 * * * * *