By Gray H.B. No. 2824
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the subpoena authority of certain licensing agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 50, Human Resources Code, is amended by
1-5 adding Section 50.0225 to read as follows:
1-6 Sec. 50.0225. SUBPOENAS. (a) In an investigation of a
1-7 complaint filed with the department and referred to the board, the
1-8 board may issue a subpoena to compel the attendance of a relevant
1-9 witness or the production, for inspection or copying, of relevant
1-10 evidence that is in this state.
1-11 (b) A subpoena may be served personally or by certified
1-12 mail.
1-13 (c) If a person fails to comply with a subpoena, the board,
1-14 acting through the attorney general, may file suit to enforce the
1-15 subpoena in a district court in Travis County or in the county in
1-16 which a hearing conducted by the board may be held.
1-17 (d) On finding that good cause exists for issuing the
1-18 subpoena, the court shall order the person to comply with the
1-19 subpoena. The court may punish a person who fails to obey the
1-20 court order.
1-21 (e) The board may delegate the authority granted under
1-22 Subsection (a) to the executive director or the secretary-treasurer
1-23 of the board.
1-24 (f) The board shall pay a reasonable fee for photocopies
2-1 subpoenaed under this section in an amount not to exceed the amount
2-2 the board may charge for copies of its records.
2-3 (g) The reimbursement of the expenses of a witness whose
2-4 attendance is compelled under this section is governed by Section
2-5 2001.103, Government Code.
2-6 (h) All information and materials subpoenaed or compiled by
2-7 the board in connection with a complaint and investigation are
2-8 confidential and not subject to disclosure under Section 552.001 et
2-9 seq., Government Code, and not subject to disclosure, discovery,
2-10 subpoena, or other means of legal compulsion for their release to
2-11 anyone other than the board or its employees or agents involved in
2-12 discipline of the holder of a license or order of recognition,
2-13 except that this information may be disclosed to:
2-14 (1) persons involved with the board in a disciplinary
2-15 action against the holder of a license or order of recognition;
2-16 (2) professional social work licensing or disciplinary
2-17 boards in other jurisdictions;
2-18 (3) peer assistance programs approved by the board
2-19 under Chapter 467, Health and Safety Code;
2-20 (4) law enforcement agencies; and
2-21 (5) persons engaged in bona fide research, if all
2-22 individual-identifying information has been deleted.
2-23 (i) The filing of formal charges against a holder of a
2-24 license or order of recognition, the nature of those charges,
2-25 disciplinary proceedings of the board, and final disciplinary
2-26 actions, including warnings and reprimands, by the board are not
2-27 confidential and are subject to disclosure in accordance with
3-1 Section 552.001 et seq., Government Code.
3-2 SECTION 2. Chapter 462, Acts of the 68th Legislature,
3-3 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
3-4 Statutes), is amended by adding Section 8C to read as follows:
3-5 Sec. 8C. SUBPOENAS. (a) In an investigation of a complaint
3-6 filed with the council, the council may issue a subpoena to compel
3-7 the attendance of a relevant witness or the production, for
3-8 inspection or copying, of relevant evidence that is in this state.
3-9 (b) A subpoena may be served personally or by certified
3-10 mail.
3-11 (c) If a person fails to comply with a subpoena, the
3-12 council, acting through the attorney general, may file suit to
3-13 enforce the subpoena in a district court in Travis County or in the
3-14 county in which a hearing conducted by the council may be held.
3-15 (d) On finding that good cause exists for issuing the
3-16 subpoena, the court shall order the person to comply with the
3-17 subpoena. The court may punish a person who fails to obey the
3-18 court order.
3-19 (e) The council may delegate the authority granted under
3-20 Subsection (a) to the executive director of the council.
3-21 (f) The council shall pay a reasonable fee for photocopies
3-22 subpoenaed under this section in an amount not to exceed the amount
3-23 the council may charge for copies of its records.
3-24 (g) The reimbursement of the expenses of a witness whose
3-25 attendance is compelled under this section is governed by Section
3-26 2001.103, Government Code.
3-27 (h) All information and materials subpoenaed or compiled by
4-1 the council in connection with a complaint and investigation are
4-2 confidential and not subject to disclosure under Section 552.001 et
4-3 seq., Government Code, and not subject to disclosure, discovery,
4-4 subpoena, or other means of legal compulsion for their release to
4-5 anyone other than the council or its employees or agents involved
4-6 in the complaint and investigation, except that this information
4-7 may be disclosed to:
4-8 (1) persons involved with the council in a complaint
4-9 and investigation;
4-10 (2) professional sex offender treatment provider
4-11 licensing or disciplinary boards in other jurisdictions;
4-12 (3) peer assistance programs approved by the board
4-13 under Chapter 467, Health and Safety Code;
4-14 (4) law enforcement agencies; and
4-15 (5) persons engaged in bona fide research, if all
4-16 individual-identifying information has been deleted.
4-17 (i) The filing of formal charges against a person under this
4-18 Act by the council, the nature of those charges, disciplinary
4-19 proceedings of the council, and final disciplinary actions,
4-20 including warnings and reprimands, by the council are not
4-21 confidential and are subject to disclosure in accordance with
4-22 Section 552.001 et seq., Government Code.
4-23 SECTION 3. The Licensed Marriage and Family Therapist Act
4-24 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
4-25 amending Sections 11B and 11C and adding Section 11D to read as
4-26 follows:
4-27 Sec. 11B. SUBPOENAS. (a) In an investigation of a
5-1 complaint filed with the board, the board may issue a subpoena to
5-2 compel the attendance of a relevant witness or the production, for
5-3 inspection or copying, of relevant evidence that is in this state.
5-4 (b) A subpoena may be served personally or by certified
5-5 mail.
5-6 (c) If a person fails to comply with a subpoena, the board,
5-7 acting through the attorney general, may file suit to enforce the
5-8 subpoena in a district court in Travis County or in the county in
5-9 which a hearing conducted by the board may be held.
5-10 (d) On finding that good cause exists for issuing the
5-11 subpoena, the court shall order the person to comply with the
5-12 subpoena. The court may punish a person who fails to obey the
5-13 court order.
5-14 (e) The board may delegate the authority granted under
5-15 Subsection (a) to the executive director of the board.
5-16 (f) The board shall pay a reasonable fee for photocopies
5-17 subpoenaed under this section in an amount not to exceed the amount
5-18 the board may charge for copies of its records.
5-19 (g) The reimbursement of the expenses of a witness whose
5-20 attendance is compelled under this section is governed by Section
5-21 2001.103, Government Code.
5-22 (h) All information and materials subpoenaed or compiled by
5-23 the board in connection with a complaint and investigation are
5-24 confidential and not subject to disclosure under Section 552.001 et
5-25 seq., Government Code, and not subject to disclosure, discovery,
5-26 subpoena, or other means of legal compulsion for their release to
5-27 anyone other than the board or its employees or agents involved in
6-1 discipline of the holder of a license, except that this information
6-2 may be disclosed to:
6-3 (1) persons involved with the board in a disciplinary
6-4 action against the holder of a license;
6-5 (2) marriage and family therapist licensing or
6-6 disciplinary boards in other jurisdictions;
6-7 (3) peer assistance programs approved by the board
6-8 under Chapter 467, Health and Safety Code;
6-9 (4) law enforcement agencies; and
6-10 (5) persons engaged in bona fide research, if all
6-11 individual-identifying information has been deleted.
6-12 (i) The filing of formal charges by the board against a
6-13 holder of a license, the nature of those charges, disciplinary
6-14 proceedings of the board, and final disciplinary actions, including
6-15 warnings and reprimands, by the board are not confidential and are
6-16 subject to disclosure in accordance with Section 552.001 et seq.,
6-17 Government Code.
6-18 Sec. 11C. INFORMAL PROCEEDINGS. (a) The board by rule
6-19 shall adopt procedures governing:
6-20 (1) informal disposition of a contested case under
6-21 Section 2001.056, Government Code [13(e), Administrative Procedure
6-22 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
6-23 Statutes), and its subsequent amendments]; and
6-24 (2) informal proceedings held in compliance with
6-25 Section 2001.054, Government Code [18(c), Administrative Procedure
6-26 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
6-27 Statutes), and its subsequent amendments].
7-1 (b) Rules adopted under this section must provide the
7-2 complainant and the license holder an opportunity to be heard and
7-3 must require the presence of an attorney to advise the board or
7-4 board's employees. The attorney must be a member of the board's
7-5 legal staff if the board has a legal staff. If the board does not
7-6 have a legal staff, the attorney must be an employee of the office
7-7 of the attorney general.
7-8 Sec. 11D. [11C.] MONITORING OF LICENSE HOLDER. The board by
7-9 rule shall develop a system for monitoring license holders'
7-10 compliance with the requirements of this Act. Rules adopted under
7-11 this section shall include procedures for monitoring a license
7-12 holder who is ordered by the board to perform certain acts to
7-13 ascertain that the license holder performs the required acts and to
7-14 identify and monitor license holders who represent a risk to the
7-15 public.
7-16 SECTION 4. Chapter 498, Acts of the 62nd Legislature,
7-17 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
7-18 Statutes), is amended by adding Sections 5A and 5B to read as
7-19 follows:
7-20 Sec. 5A. COMPLAINTS. (a) The board shall maintain a file
7-21 on each written complaint filed with the board. The file must
7-22 include:
7-23 (1) the name of the person who filed the complaint;
7-24 (2) the date the complaint is received by the board;
7-25 (3) the subject matter of the complaint;
7-26 (4) the name of each person contacted in relation to
7-27 the complaint;
8-1 (5) a summary of the results of the review or
8-2 investigation of the complaint; and
8-3 (6) an explanation of the reason the file was closed,
8-4 if the board closed the file without taking action other than to
8-5 investigate the complaint.
8-6 (b) The board shall provide to the person filing the
8-7 complaint a copy of the board's policies and procedures relating to
8-8 complaint investigation and resolution.
8-9 (c) The board, at least quarterly until final disposition of
8-10 the complaint, shall notify the person filing the complaint and
8-11 each person who is a subject of the complaint of the status of the
8-12 complaint unless the notice would jeopardize an undercover
8-13 investigation.
8-14 Sec. 5B. SUBPOENAS. (a) In an investigation of a complaint
8-15 filed with the board, the board may issue a subpoena to compel the
8-16 attendance of a relevant witness or the production, for inspection
8-17 or copying, of relevant evidence that is in this state.
8-18 (b) A subpoena may be served personally or by certified
8-19 mail.
8-20 (c) If a person fails to comply with the subpoena, the
8-21 board, acting through the attorney general, may file suit to
8-22 enforce the subpoena in a district court in Travis County or in the
8-23 county in which a hearing conducted by the board may be held.
8-24 (d) On finding that good cause exists for issuing the
8-25 subpoena, the court shall order the person to comply with the
8-26 subpoena. The court may punish a person who fails to obey the
8-27 court order.
9-1 (e) The board may delegate the authority granted under
9-2 Subsection (a) to the secretary-treasurer or executive secretary of
9-3 the board.
9-4 (f) The board shall pay a reasonable fee for photocopies
9-5 subpoenaed under this section in an amount not to exceed the amount
9-6 the board may charge for copies of its records.
9-7 (g) The reimbursement of the expenses of a witness whose
9-8 attendance is compelled under this section is governed by Section
9-9 2001.103, Government Code.
9-10 (h) All information and materials subpoenaed or compiled by
9-11 the board in connection with a complaint and investigation are
9-12 confidential and not subject to disclosure under Section 552.001 et
9-13 seq., Government Code, and not subject to disclosure, discovery,
9-14 subpoena, or other means of legal compulsion for their release to
9-15 anyone other than the board or its employees or agents involved in
9-16 discipline of the holder of a license, except that this information
9-17 may be disclosed to:
9-18 (1) persons involved with the board in a disciplinary
9-19 action against the holder of a license;
9-20 (2) athletic trainer licensing or disciplinary boards
9-21 in other jurisdictions;
9-22 (3) peer assistance programs approved by the board
9-23 under Chapter 467, Health and Safety Code;
9-24 (4) law enforcement agencies; and
9-25 (5) persons engaged in bona fide research, if all
9-26 individual-identifying information has been deleted.
9-27 (i) The filing of formal charges by the board against a
10-1 holder of a license, the nature of those charges, disciplinary
10-2 proceedings of the board, and final disciplinary actions, including
10-3 warnings and reprimands, by the board are not confidential and are
10-4 subject to disclosure in accordance with Section 552.001 et seq.,
10-5 Government Code.
10-6 SECTION 5. The Licensed Professional Counselor Act (Article
10-7 4512g, Vernon's Texas Civil Statutes) is amended by amending
10-8 Sections 16D and 16E and by adding Section 16F to read as follows:
10-9 Sec. 16D. SUBPOENAS. (a) In an investigation of a
10-10 complaint filed with the board, the board may issue a subpoena to
10-11 compel the attendance of a relevant witness or the production, for
10-12 inspection or copying, of relevant evidence that is in this state.
10-13 (b) A subpoena may be served personally or by certified
10-14 mail.
10-15 (c) If a person fails to comply with a subpoena, the board,
10-16 acting through the attorney general, may file suit to enforce the
10-17 subpoena in a district court in Travis County or in the county in
10-18 which a hearing conducted by the board may be held.
10-19 (d) On finding that good cause exists for issuing the
10-20 subpoena, the court shall order the person to comply with the
10-21 subpoena. The court may punish a person who fails to obey the
10-22 court order.
10-23 (e) The board may delegate the authority granted under
10-24 Subsection (a) to the executive secretary of the board.
10-25 (f) The board shall pay a reasonable fee for photocopies
10-26 subpoenaed under this section in an amount not to exceed the amount
10-27 the board may charge for copies of its records.
11-1 (g) The reimbursement of the expenses of a witness whose
11-2 attendance is compelled under this section is governed by Section
11-3 2001.103, Government Code.
11-4 (h) All information and materials subpoenaed or compiled by
11-5 the board in connection with a complaint and investigation are
11-6 confidential and not subject to disclosure under Section 552.001 et
11-7 seq., Government Code, and not subject to disclosure, discovery,
11-8 subpoena, or other means of legal compulsion for their release to
11-9 anyone other than the board or its employees or agents involved in
11-10 discipline of the holder of a license, except that this information
11-11 may be disclosed to:
11-12 (1) persons involved with the board in a disciplinary
11-13 action against the holder of a license;
11-14 (2) professional counselor licensing or disciplinary
11-15 boards in other jurisdictions;
11-16 (3) peer assistance programs approved by the board
11-17 under Chapter 467, Health and Safety Code;
11-18 (4) law enforcement agencies; and
11-19 (5) persons engaged in bona fide research, if all
11-20 individual-identifying information has been deleted.
11-21 (i) The filing of formal charges by the board against a
11-22 holder of a license, the nature of those charges, disciplinary
11-23 proceedings of the board, and final disciplinary actions, including
11-24 warnings and reprimands, by the board are not confidential and are
11-25 subject to disclosure in accordance with Section 552.001 et seq.,
11-26 Government Code.
11-27 Sec. 16E. INFORMAL PROCEEDINGS. (a) The board by rule
12-1 shall adopt procedures governing:
12-2 (1) informal disposition of a contested case under
12-3 Section 2001.056, Government Code [13(e), Administrative Procedure
12-4 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
12-5 Statutes), and its subsequent amendments]; and
12-6 (2) informal proceedings held in compliance with
12-7 Section 2001.054, Government Code [18(c), Administrative Procedure
12-8 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
12-9 Statutes), and its subsequent amendments].
12-10 (b) Rules adopted under this section must provide the
12-11 complainant and the licensee an opportunity to be heard and must
12-12 require the presence of a representative of the department's legal
12-13 staff or the attorney general's office to advise the board or
12-14 board's employees.
12-15 Sec. 16F. [16E.] MONITORING OF LICENSEES. The board by rule
12-16 shall develop a system for monitoring licensees' compliance with
12-17 the requirements of this Act. Rules adopted under this section
12-18 shall include procedures for monitoring a licensee who is ordered
12-19 by the board to perform certain acts to ascertain that the licensee
12-20 performs the required acts and to identify and monitor licensees
12-21 who represent a risk to the public.
12-22 SECTION 6. The Licensed Dietitian Act (Article 4512h,
12-23 Vernon's Texas Civil Statutes) is amended by amending Sections 16C
12-24 and 16D and by adding Section 16E to read as follows:
12-25 Sec. 16C. SUBPOENAS. (a) In an investigation of a
12-26 complaint filed with the board, the board may issue a subpoena to
12-27 compel the attendance of a relevant witness or the production, for
13-1 inspection or copying, of relevant evidence that is in this state.
13-2 (b) A subpoena may be served personally or by certified
13-3 mail.
13-4 (c) If a person fails to comply with a subpoena, the board,
13-5 acting through the attorney general, may file suit to enforce the
13-6 subpoena in a district court in Travis County or in the county in
13-7 which a hearing conducted by the board may be held.
13-8 (d) On finding that good cause exists for issuing the
13-9 subpoena, the court shall order the person to comply with the
13-10 subpoena. The court may punish a person who fails to obey the
13-11 court order.
13-12 (e) The board may delegate the authority granted under
13-13 Subsection (a) to the executive secretary of the board.
13-14 (f) The board shall pay a reasonable fee for photocopies
13-15 subpoenaed under this section in an amount not to exceed the amount
13-16 the board may charge for copies of its records.
13-17 (g) The reimbursement of the expenses of a witness whose
13-18 attendance is compelled under this section is governed by Section
13-19 2001.103, Government Code.
13-20 (h) All information and materials subpoenaed or compiled by
13-21 the board in connection with a complaint and investigation are
13-22 confidential and not subject to disclosure under Section 552.001 et
13-23 seq., Government Code, and not subject to disclosure, discovery,
13-24 subpoena, or other means of legal compulsion for their release to
13-25 anyone other than the board or its employees or agents involved in
13-26 discipline of the holder of a license, except that this information
13-27 may be disclosed to:
14-1 (1) persons involved with the board in a disciplinary
14-2 action against the holder of a license;
14-3 (2) professional dietitian licensing or disciplinary
14-4 boards in other jurisdictions;
14-5 (3) peer assistance programs approved by the board
14-6 under Chapter 467, Health and Safety Code;
14-7 (4) law enforcement agencies; and
14-8 (5) persons engaged in bona fide research, if all
14-9 individual-identifying information has been deleted.
14-10 (i) The filing of formal charges by the board against a
14-11 holder of a license, the nature of those charges, disciplinary
14-12 proceedings of the board, and final disciplinary actions, including
14-13 warnings and reprimands, by the board are not confidential and are
14-14 subject to disclosure in accordance with Section 552.001 et seq.,
14-15 Government Code.
14-16 Sec. 16D. INFORMAL PROCEEDINGS. (a) The board by rule
14-17 shall adopt procedures governing:
14-18 (1) informal disposition of a contested case under
14-19 Section 2001.056, Government Code [13(e), Administrative Procedure
14-20 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
14-21 Statutes), and its subsequent amendments]; and
14-22 (2) informal proceedings held in compliance with
14-23 Section 2001.054, Government Code [18(c), Administrative Procedure
14-24 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
14-25 Statutes), and its subsequent amendments].
14-26 (b) Rules adopted under this section must provide the
14-27 complainant and the licensee an opportunity to be heard and must
15-1 require the presence of a representative of the office of the
15-2 attorney general or the board's legal counsel to advise the board
15-3 or board's employees.
15-4 Sec. 16E. [16D.] MONITORING OF LICENSEE. The board by rule
15-5 shall develop a system for monitoring a licensee's compliance with
15-6 the requirements of this Act. Rules adopted under this section
15-7 shall include procedures for monitoring a licensee who is ordered
15-8 by the board to perform certain acts to ascertain that the licensee
15-9 performs the required acts and to identify and monitor licensees
15-10 who represent a risk to the public.
15-11 SECTION 7. Section 5(b), Chapter 381, Acts of the 68th
15-12 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
15-13 Civil Statutes), is amended to read as follows:
15-14 (b) With the assistance of the department, the board shall
15-15 administer, coordinate, and enforce the provisions of this Act;
15-16 evaluate the qualifications of applicants; provide for the
15-17 examination of applicants; and, in connection with a hearing under
15-18 Section 19 of this Act, issue subpoenas, examine witnesses, and
15-19 administer oaths under the laws of the State of Texas.
15-20 SECTION 8. Chapter 381, Acts of the 68th Legislature,
15-21 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
15-22 Statutes), is amended by adding Section 24A to read as follows:
15-23 Sec. 24A. SUBPOENAS. (a) In an investigation of a
15-24 complaint filed with the board, the board may issue a subpoena to
15-25 compel the attendance of a relevant witness or the production, for
15-26 inspection or copying, of relevant evidence that is in this state.
15-27 (b) A subpoena may be served personally or by certified
16-1 mail.
16-2 (c) If a person fails to comply with a subpoena, the board,
16-3 acting through the attorney general, may file suit to enforce the
16-4 subpoena in a district court in Travis County or in the county in
16-5 which a hearing conducted by the board may be held.
16-6 (d) On finding that good cause exists for issuing the
16-7 subpoena, the court shall order the person to comply with the
16-8 subpoena. The court may punish a person who fails to obey the
16-9 court order.
16-10 (e) The board may delegate the authority granted under
16-11 Subsection (a) to the secretary-treasurer of the board.
16-12 (f) The board shall pay a reasonable fee for photocopies
16-13 subpoenaed under this section in an amount not to exceed the amount
16-14 the board may charge for copies of its records.
16-15 (g) The reimbursement of the expenses of a witness whose
16-16 attendance is compelled under this section is governed by Section
16-17 2001.103, Government Code.
16-18 (h) All information and materials subpoenaed or compiled by
16-19 the board in connection with a complaint and investigation are
16-20 confidential and not subject to disclosure under Section 552.001 et
16-21 seq., Government Code, and not subject to disclosure, discovery,
16-22 subpoena, or other means of legal compulsion for their release to
16-23 anyone other than the board or its employees or agents involved in
16-24 discipline of the holder of a license, except that this information
16-25 may be disclosed to:
16-26 (1) persons involved with the board in a disciplinary
16-27 action against the holder of a license;
17-1 (2) professional speech-language pathologist and
17-2 audiologist licensing or disciplinary boards in other
17-3 jurisdictions;
17-4 (3) peer assistance programs approved by the board
17-5 under Chapter 467, Health and Safety Code;
17-6 (4) law enforcement agencies; and
17-7 (5) persons engaged in bona fide research, if all
17-8 individual-identifying information has been deleted.
17-9 (i) The filing of formal charges by the board against a
17-10 holder of a license, the nature of those charges, disciplinary
17-11 proceedings of the board, and final disciplinary actions, including
17-12 warnings and reprimands, by the board are not confidential and are
17-13 subject to disclosure in accordance with Section 552.001 et seq.,
17-14 Government Code.
17-15 SECTION 9. The Texas Medical Physics Practice Act (Article
17-16 4512n, Vernon's Texas Civil Statutes) is amended by adding Sections
17-17 11A and 11B to read as follows:
17-18 Sec. 11A. COMPLAINTS. (a) The board shall maintain a file
17-19 on each written complaint filed with the board. The file must
17-20 include:
17-21 (1) the name of the person who filed the complaint;
17-22 (2) the date the complaint is received by the board;
17-23 (3) the subject matter of the complaint;
17-24 (4) the name of each person contacted in relation to
17-25 the complaint;
17-26 (5) a summary of the results of the review or
17-27 investigation of the complaint; and
18-1 (6) an explanation of the reason the file was closed,
18-2 if the board closed the file without taking action other than to
18-3 investigate the complaint.
18-4 (b) The board shall provide to the person filing the
18-5 complaint a copy of the board's policies and procedures relating to
18-6 complaint investigation and resolution.
18-7 (c) The board, at least quarterly until final disposition of
18-8 the complaint, shall notify the person filing the complaint and
18-9 each person who is a subject of the complaint of the status of the
18-10 complaint unless the notice would jeopardize an undercover
18-11 investigation.
18-12 Sec. 11B. SUBPOENAS. (a) In an investigation of a
18-13 complaint filed with the board, the board may issue a subpoena to
18-14 compel the attendance of a relevant witness or the production, for
18-15 inspection or copying, of relevant evidence that is in this state.
18-16 (b) A subpoena may be served personally or by certified
18-17 mail.
18-18 (c) If a person fails to comply with a subpoena, the board,
18-19 acting through the attorney general, may file suit to enforce the
18-20 subpoena in a district court in Travis County or in the county in
18-21 which a hearing conducted by the board may be held.
18-22 (d) On finding that good cause exists for issuing the
18-23 subpoena, the court shall order the person to comply with the
18-24 subpoena. The court may punish a person who fails to obey the
18-25 court order.
18-26 (e) The board may delegate the authority granted under
18-27 Subsection (a) to the executive secretary of the board.
19-1 (f) The board shall pay a reasonable fee for photocopies
19-2 subpoenaed under this section in an amount not to exceed the amount
19-3 the board may charge for copies of its records.
19-4 (g) The reimbursement of the expenses of a witness whose
19-5 attendance is compelled under this section is governed by Section
19-6 2001.103, Government Code.
19-7 (h) All information and materials subpoenaed or compiled by
19-8 the board in connection with a complaint and investigation are
19-9 confidential and not subject to disclosure under Section 552.001 et
19-10 seq., Government Code, and not subject to disclosure, discovery,
19-11 subpoena, or other means of legal compulsion for their release to
19-12 anyone other than the board or its agents or employees who are
19-13 involved in discipline of the holder of a license, except that this
19-14 information may be disclosed to:
19-15 (1) persons involved with the board in a disciplinary
19-16 action against the holder of a license;
19-17 (2) professional medical physics licensing or
19-18 disciplinary boards in other jurisdictions;
19-19 (3) peer assistance programs approved by the board
19-20 under Chapter 467, Health and Safety Code;
19-21 (4) law enforcement agencies; and
19-22 (5) persons engaged in bona fide research, if all
19-23 individual-identifying information has been deleted.
19-24 (i) The filing of formal charges by the board against a
19-25 holder of a license, the nature of those charges, disciplinary
19-26 proceedings of the board, and final disciplinary actions, including
19-27 warnings and reprimands, by the board are not confidential and are
20-1 subject to disclosure in accordance with Section 552.001 et seq.,
20-2 Government Code.
20-3 SECTION 10. The Licensed Perfusionists Act (Article 4529e,
20-4 Revised Statutes) is amended by adding Section 19A to read as
20-5 follows:
20-6 Sec. 19A. SUBPOENAS. (a) In an investigation of a
20-7 complaint filed with the board, the board may issue a subpoena to
20-8 compel the attendance of a relevant witness or the production, for
20-9 inspection or copying, of relevant evidence that is in this state.
20-10 (b) A subpoena may be served personally or by certified
20-11 mail.
20-12 (c) If a person fails to comply with a subpoena, the board,
20-13 acting through the attorney general, may file suit to enforce the
20-14 subpoena in a district court in Travis County or in the county in
20-15 which a hearing conducted by the board may be held.
20-16 (d) On finding that good cause exists for issuing the
20-17 subpoena, the court shall order the person to comply with the
20-18 subpoena. The court may punish a person who fails to obey the
20-19 court order.
20-20 (e) The board may delegate the authority granted under
20-21 Subsection (a) to the executive secretary of the board.
20-22 (f) The board shall pay a reasonable fee for photocopies
20-23 subpoenaed under this section in an amount not to exceed the amount
20-24 the board may charge for copies of its records.
20-25 (g) The reimbursement of the expenses of a witness whose
20-26 attendance is compelled under this section is governed by Section
20-27 2001.103, Government Code.
21-1 (h) All information and materials subpoenaed or compiled by
21-2 the board in connection with a complaint and investigation are
21-3 confidential and not subject to disclosure under Section 552.001 et
21-4 seq., Government Code, and not subject to disclosure, discovery,
21-5 subpoena, or other means of legal compulsion for their release to
21-6 anyone other than the board or its agents or employees involved in
21-7 discipline of the holder of a license, except that this information
21-8 may be disclosed to:
21-9 (1) persons involved with the board in a disciplinary
21-10 action against the holder of a license;
21-11 (2) professional perfusionist licensing or
21-12 disciplinary boards in other jurisdictions;
21-13 (3) peer assistance programs approved by the board
21-14 under Chapter 467, Health and Safety Code;
21-15 (4) law enforcement agencies; and
21-16 (5) persons engaged in bona fide research, if all
21-17 individual-identifying information has been deleted.
21-18 (i) The filing of formal charges by the board against a
21-19 holder of a license, the nature of those charges, disciplinary
21-20 proceedings of the board, and final disciplinary actions, including
21-21 warnings and reprimands, by the board are not confidential and are
21-22 subject to disclosure in accordance with Section 552.001 et seq.,
21-23 Government Code.
21-24 SECTION 11. Section 1.04(c), Chapter 366, Acts of the 61st
21-25 Legislature, Regular Session, 1969 (Article 4566-1.04, Vernon's
21-26 Texas Civil Statutes), is amended to read as follows:
21-27 (c) With the assistance of the department, the committee
22-1 shall:
22-2 (1) administer, coordinate, and enforce the provisions
22-3 of this Act;
22-4 (2) evaluate the qualifications of applicants;
22-5 (3) examine applicants; and
22-6 (4) in connection with a hearing under Section 1.11 of
22-7 this Act, issue subpoenas, examine witnesses, and administer oaths
22-8 under the laws of this state.
22-9 SECTION 12. Chapter 366, Acts of the 61st Legislature,
22-10 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
22-11 Civil Statutes), is amended by adding Section 1.12C to read as
22-12 follows:
22-13 Sec. 1.12C. SUBPOENAS. (a) In an investigation of a
22-14 complaint filed with the committee, the committee may issue a
22-15 subpoena to compel the attendance of a relevant witness or the
22-16 production, for inspection or copying, of relevant evidence that is
22-17 in this state.
22-18 (b) A subpoena may be served personally or by certified
22-19 mail.
22-20 (c) If a person fails to comply with a subpoena, the
22-21 committee, acting through the attorney general, may file suit to
22-22 enforce the subpoena in a district court in Travis County or in the
22-23 county in which a hearing conducted by the committee may be held.
22-24 (d) On finding that good cause exists for issuing the
22-25 subpoena, the court shall order the person to comply with the
22-26 subpoena. The court may punish a person who fails to obey the
22-27 court order.
23-1 (e) The committee may delegate the authority granted under
23-2 Subsection (a) to the president or the vice-president of the
23-3 committee.
23-4 (f) The committee shall pay a reasonable fee for photocopies
23-5 subpoenaed under this section in an amount not to exceed the amount
23-6 the committee may charge for copies of its records.
23-7 (g) The reimbursement of the expenses of a witness whose
23-8 attendance is compelled under this section is governed by Section
23-9 2001.103, Government Code.
23-10 (h) All information and materials subpoenaed or compiled by
23-11 the committee in connection with a complaint and investigation are
23-12 confidential and not subject to disclosure under Section 552.001 et
23-13 seq., Government Code, and not subject to disclosure, discovery,
23-14 subpoena, or other means of legal compulsion for their release to
23-15 anyone other than the committee or its agents or employees who are
23-16 involved in discipline of the holder of a license, except that this
23-17 information may be disclosed to:
23-18 (1) persons involved with the committee in a
23-19 disciplinary action against the holder of a license;
23-20 (2) professional licensing or disciplinary boards for
23-21 the fitting and dispensing of hearing instruments in other
23-22 jurisdictions;
23-23 (3) peer assistance programs approved by the board
23-24 under Chapter 467, Health and Safety Code;
23-25 (4) law enforcement agencies; and
23-26 (5) persons engaged in bona fide research, if all
23-27 individual-identifying information has been deleted.
24-1 (i) The filing of formal charges by the committee against a
24-2 holder of a license, the nature of those charges, disciplinary
24-3 proceedings of the committee, and final disciplinary actions,
24-4 including warnings and reprimands, by the committee are not
24-5 confidential and are subject to disclosure in accordance with
24-6 Section 552.001 et seq., Government Code.
24-7 SECTION 13. Section 5(d), Orthotics and Prosthetics Act
24-8 (Article 8920, Revised Statutes), is amended to read as follows:
24-9 (d) The board may:
24-10 (1) investigate complaints;
24-11 (2) issue, suspend, deny, and revoke licenses;
24-12 (3) reprimand license holders and place license
24-13 holders on probation;
24-14 (4) in connection with a hearing under Section 33 of
24-15 this Act, issue subpoenas; and
24-16 (5) hold hearings.
24-17 SECTION 14. The Orthotics and Prosthetics Act (Article 8920,
24-18 Revised Statutes) is amended by adding Section 6A to read as
24-19 follows:
24-20 Sec. 6A. SUBPOENAS. (a) In an investigation of a complaint
24-21 filed with the board, the board may issue a subpoena to compel the
24-22 attendance of a relevant witness or the production, for inspection
24-23 or copying, of relevant evidence that is in this state.
24-24 (b) A subpoena may be served personally or by certified
24-25 mail.
24-26 (c) If a person fails to comply with a subpoena, the board,
24-27 acting through the attorney general, may file suit to enforce the
25-1 subpoena in a district court in Travis County or in the county in
25-2 which a hearing conducted by the board may be held.
25-3 (d) On finding that good cause exists for issuing the
25-4 subpoena, the court shall order the person to comply with the
25-5 subpoena. The court may punish a person who fails to obey the
25-6 court order.
25-7 (e) The board may delegate the authority granted under
25-8 Subsection (a) to the executive director of the board.
25-9 (f) The board shall pay a reasonable fee for photocopies
25-10 subpoenaed under this section in an amount not to exceed the amount
25-11 the board may charge for copies of its records.
25-12 (g) The reimbursement of the expenses of a witness whose
25-13 attendance is compelled under this section is governed by Section
25-14 2001.103, Government Code.
25-15 (h) All information and materials subpoenaed or compiled by
25-16 the board in connection with a complaint and investigation are
25-17 confidential and not subject to disclosure under Section 552.001 et
25-18 seq., Government Code, and not subject to disclosure, discovery,
25-19 subpoena, or other means of legal compulsion for their release to
25-20 anyone other than the board or its employees or agents involved in
25-21 discipline of the holder of a license, except that this information
25-22 may be disclosed to:
25-23 (1) persons involved with the board in a disciplinary
25-24 action against the holder of a license;
25-25 (2) professional orthotist or prosthetist disciplinary
25-26 boards in other jurisdictions;
25-27 (3) peer assistance programs approved by the board
26-1 under Chapter 467, Health and Safety Code;
26-2 (4) law enforcement agencies; and
26-3 (5) persons engaged in bona fide research, if all
26-4 individual-identifying information has been deleted.
26-5 (i) The filing of formal charges by the board against a
26-6 holder of a license, the nature of those charges, disciplinary
26-7 proceedings of the board, and final disciplinary actions, including
26-8 warnings and reprimands, by the board are not confidential and are
26-9 subject to disclosure in accordance with Section 552.001 et seq.,
26-10 Government Code.
26-11 SECTION 15. Section 241.051, Health and Safety Code, is
26-12 amended to read as follows:
26-13 Sec. 241.051. INSPECTIONS. (a) The department may make any
26-14 inspection, survey, or investigation that it considers necessary.
26-15 A representative of the department may enter the premises of a
26-16 hospital at any reasonable time to make an inspection, a survey, or
26-17 an investigation to assure compliance with or prevent a violation
26-18 of this chapter, the rules adopted under this chapter, an order or
26-19 special order of the commissioner of health, a special license
26-20 provision, a court order granting injunctive relief, or other
26-21 enforcement procedures. The department shall maintain the
26-22 confidentiality of hospital records as applicable under state or
26-23 federal law.
26-24 (b) The department or a representative of the department is
26-25 entitled to access to all books, records, or other documents
26-26 maintained by or on behalf of the hospital to the extent necessary
26-27 to enforce this chapter, the rules adopted under this chapter, an
27-1 order or special order of the commissioner of health, a special
27-2 license provision, a court order granting injunctive relief, or
27-3 other enforcement procedures.
27-4 (c) By applying for or holding a hospital license, the
27-5 hospital consents to entry and inspection of the hospital by the
27-6 department or a representative of the department in accordance with
27-7 this chapter and the rules adopted under this chapter.
27-8 (d) All information and materials obtained by the department
27-9 in connection with a complaint and investigation concerning a
27-10 hospital are confidential and not subject to disclosure under
27-11 Section 552.001 et seq., Government Code, and not subject to
27-12 disclosure, discovery, subpoena, or other means of legal compulsion
27-13 for their release to anyone other than the department or its
27-14 employees or agents involved in the disciplinary action, except
27-15 that this information may be disclosed to:
27-16 (1) persons involved with the department in the
27-17 disciplinary action against the hospital;
27-18 (2) appropriate state or federal agencies that are
27-19 authorized to inspect, survey, or investigate hospitals;
27-20 (3) law enforcement agencies; and
27-21 (4) persons engaged in bona fide research, if all
27-22 individual-identifying and hospital-identifying information has
27-23 been deleted.
27-24 (e) Final actions involving a civil or administrative
27-25 penalty, or injunctive relief, against a hospital are not
27-26 confidential and are subject to disclosure in accordance with
27-27 Section 552.001 et seq., Government Code.
28-1 SECTION 16. The change in law made by this Act applies only
28-2 to a complaint filed on or after the effective date of the Act. A
28-3 complaint filed before the effective date of this Act is governed
28-4 by the law in effect on the date the complaint was filed, and the
28-5 former law is continued in effect for that purpose.
28-6 SECTION 17. The importance of this legislation and the
28-7 crowded condition of the calendars in both houses create an
28-8 emergency and an imperative public necessity that the
28-9 constitutional rule requiring bills to be read on three several
28-10 days in each house be suspended, and this rule is hereby suspended,
28-11 and that this Act take effect and be in force from and after its
28-12 passage, and it is so enacted.