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.