1-1 AN ACT
1-2 relating to confidentiality of certain records and to the subpoena
1-3 authority of certain licensing agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 50, Human Resources Code, is amended by
1-6 adding Section 50.0225 to read as follows:
1-7 Sec. 50.0225. SUBPOENAS. (a) In an investigation of a
1-8 complaint filed with the department and referred to the board, the
1-9 board may request that the commissioner of public health or the
1-10 commissioner's designee approve the issuance of a subpoena. If the
1-11 request is approved, the board may issue a subpoena to compel the
1-12 attendance of a relevant witness or the production, for inspection
1-13 or copying, of relevant evidence that is in this state.
1-14 (b) A subpoena may be served personally or by certified
1-15 mail.
1-16 (c) If a person fails to comply with a subpoena, the board,
1-17 acting through the attorney general, may file suit to enforce the
1-18 subpoena in a district court in Travis County or in the county in
1-19 which a hearing conducted by the board may be held.
1-20 (d) On finding that good cause exists for issuing the
1-21 subpoena, the court shall order the person to comply with the
1-22 subpoena. The court may punish a person who fails to obey the
1-23 court order.
1-24 (e) The board may delegate the authority granted under
2-1 Subsection (a) to the executive director or the secretary-treasurer
2-2 of the board.
2-3 (f) The board shall pay a reasonable fee for photocopies
2-4 subpoenaed under this section in an amount not to exceed the amount
2-5 the board may charge for copies of its records.
2-6 (g) The reimbursement of the expenses of a witness whose
2-7 attendance is compelled under this section is governed by Section
2-8 2001.103, Government Code.
2-9 (h) All information and materials subpoenaed or compiled by
2-10 the board in connection with a complaint and investigation are
2-11 confidential and not subject to disclosure under Section 552.001 et
2-12 seq., Government Code, and not subject to disclosure, discovery,
2-13 subpoena, or other means of legal compulsion for their release to
2-14 anyone other than the board or its employees or agents involved in
2-15 discipline of the holder of a license or order of recognition,
2-16 except that this information may be disclosed to:
2-17 (1) persons involved with the board in a disciplinary
2-18 action against the holder of a license or order of recognition;
2-19 (2) professional social work licensing or disciplinary
2-20 boards in other jurisdictions;
2-21 (3) peer assistance programs approved by the board
2-22 under Chapter 467, Health and Safety Code;
2-23 (4) law enforcement agencies; and
2-24 (5) persons engaged in bona fide research, if all
2-25 individual-identifying information has been deleted.
2-26 (i) The filing of formal charges against a holder of a
2-27 license or order of recognition, the nature of those charges,
3-1 disciplinary proceedings of the board, and final disciplinary
3-2 actions, including warnings and reprimands, by the board are not
3-3 confidential and are subject to disclosure in accordance with
3-4 Section 552.001 et seq., Government Code.
3-5 SECTION 2. Chapter 462, Acts of the 68th Legislature,
3-6 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
3-7 Statutes), is amended by adding Section 8C to read as follows:
3-8 Sec. 8C. SUBPOENAS. (a) In an investigation of a complaint
3-9 filed with the council, the council may request that the
3-10 commissioner of public health or the commissioner's designee
3-11 approve the issuance of a subpoena. If the request is approved,
3-12 the council may issue a subpoena to compel the attendance of a
3-13 relevant witness or the production, for inspection or copying, of
3-14 relevant evidence that is in this state.
3-15 (b) A subpoena may be served personally or by certified
3-16 mail.
3-17 (c) If a person fails to comply with a subpoena, the
3-18 council, acting through the attorney general, may file suit to
3-19 enforce the subpoena in a district court in Travis County or in the
3-20 county in which a hearing conducted by the council may be held.
3-21 (d) On finding that good cause exists for issuing the
3-22 subpoena, the court shall order the person to comply with the
3-23 subpoena. The court may punish a person who fails to obey the
3-24 court order.
3-25 (e) The council may delegate the authority granted under
3-26 Subsection (a) to the executive director of the council.
3-27 (f) The council shall pay a reasonable fee for photocopies
4-1 subpoenaed under this section in an amount not to exceed the amount
4-2 the council may charge for copies of its records.
4-3 (g) The reimbursement of the expenses of a witness whose
4-4 attendance is compelled under this section is governed by Section
4-5 2001.103, Government Code.
4-6 (h) All information and materials subpoenaed or compiled by
4-7 the council in connection with a complaint and investigation are
4-8 confidential and not subject to disclosure under Section 552.001 et
4-9 seq., Government Code, and not subject to disclosure, discovery,
4-10 subpoena, or other means of legal compulsion for their release to
4-11 anyone other than the council or its employees or agents involved
4-12 in the complaint and investigation, except that this information
4-13 may be disclosed to:
4-14 (1) persons involved with the council in a complaint
4-15 and investigation;
4-16 (2) professional sex offender treatment provider
4-17 licensing or disciplinary boards in other jurisdictions;
4-18 (3) peer assistance programs approved by the board
4-19 under Chapter 467, Health and Safety Code;
4-20 (4) law enforcement agencies; and
4-21 (5) persons engaged in bona fide research, if all
4-22 individual-identifying information has been deleted.
4-23 (i) The filing of formal charges against a person under this
4-24 Act by the council, the nature of those charges, disciplinary
4-25 proceedings of the council, and final disciplinary actions,
4-26 including warnings and reprimands, by the council are not
4-27 confidential and are subject to disclosure in accordance with
5-1 Section 552.001 et seq., Government Code.
5-2 SECTION 3. The Licensed Marriage and Family Therapist Act
5-3 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
5-4 amending Sections 11B and 11C and adding Section 11D to read as
5-5 follows:
5-6 Sec. 11B. SUBPOENAS. (a) In an investigation of a
5-7 complaint filed with the board, the board may request that the
5-8 commissioner of public health or the commissioner's designee
5-9 approve the issuance of a subpoena. If the request is approved,
5-10 the board may issue a subpoena to compel the attendance of a
5-11 relevant witness or the production, for inspection or copying, of
5-12 relevant evidence that is in this state.
5-13 (b) A subpoena may be served personally or by certified
5-14 mail.
5-15 (c) If a person fails to comply with a subpoena, the board,
5-16 acting through the attorney general, may file suit to enforce the
5-17 subpoena in a district court in Travis County or in the county in
5-18 which a hearing conducted by the board may be held.
5-19 (d) On finding that good cause exists for issuing the
5-20 subpoena, the court shall order the person to comply with the
5-21 subpoena. The court may punish a person who fails to obey the
5-22 court order.
5-23 (e) The board may delegate the authority granted under
5-24 Subsection (a) to the executive director of the board.
5-25 (f) The board shall pay a reasonable fee for photocopies
5-26 subpoenaed under this section in an amount not to exceed the amount
5-27 the board may charge for copies of its records.
6-1 (g) The reimbursement of the expenses of a witness whose
6-2 attendance is compelled under this section is governed by Section
6-3 2001.103, Government Code.
6-4 (h) All information and materials subpoenaed or compiled by
6-5 the board in connection with a complaint and investigation are
6-6 confidential and not subject to disclosure under Section 552.001 et
6-7 seq., Government Code, and not subject to disclosure, discovery,
6-8 subpoena, or other means of legal compulsion for their release to
6-9 anyone other than the board or its employees or agents involved in
6-10 discipline of the holder of a license, except that this information
6-11 may be disclosed to:
6-12 (1) persons involved with the board in a disciplinary
6-13 action against the holder of a license;
6-14 (2) marriage and family therapist licensing or
6-15 disciplinary boards in other jurisdictions;
6-16 (3) peer assistance programs approved by the board
6-17 under Chapter 467, Health and Safety Code;
6-18 (4) law enforcement agencies; and
6-19 (5) persons engaged in bona fide research, if all
6-20 individual-identifying information has been deleted.
6-21 (i) The filing of formal charges by the board against a
6-22 holder of a license, the nature of those charges, disciplinary
6-23 proceedings of the board, and final disciplinary actions, including
6-24 warnings and reprimands, by the board are not confidential and are
6-25 subject to disclosure in accordance with Section 552.001 et seq.,
6-26 Government Code.
6-27 Sec. 11C. INFORMAL PROCEEDINGS. (a) The board by rule
7-1 shall adopt procedures governing:
7-2 (1) informal disposition of a contested case under
7-3 Section 2001.056, Government Code [13(e), Administrative Procedure
7-4 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
7-5 Statutes), and its subsequent amendments]; and
7-6 (2) informal proceedings held in compliance with
7-7 Section 2001.054, Government Code [18(c), Administrative Procedure
7-8 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
7-9 Statutes), and its subsequent amendments].
7-10 (b) Rules adopted under this section must provide the
7-11 complainant and the license holder an opportunity to be heard and
7-12 must require the presence of an attorney to advise the board or
7-13 board's employees. The attorney must be a member of the board's
7-14 legal staff if the board has a legal staff. If the board does not
7-15 have a legal staff, the attorney must be an employee of the office
7-16 of the attorney general.
7-17 Sec. 11D. [11C.] MONITORING OF LICENSE HOLDER. The board by
7-18 rule shall develop a system for monitoring license holders'
7-19 compliance with the requirements of this Act. Rules adopted under
7-20 this section shall include procedures for monitoring a license
7-21 holder who is ordered by the board to perform certain acts to
7-22 ascertain that the license holder performs the required acts and to
7-23 identify and monitor license holders who represent a risk to the
7-24 public.
7-25 SECTION 4. Chapter 498, Acts of the 62nd Legislature,
7-26 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
7-27 Statutes), is amended by adding Sections 5A and 5B to read as
8-1 follows:
8-2 Sec. 5A. COMPLAINTS. (a) The board shall maintain a file
8-3 on each written complaint filed with the board. The file must
8-4 include:
8-5 (1) the name of the person who filed the complaint;
8-6 (2) the date the complaint is received by the board;
8-7 (3) the subject matter of the complaint;
8-8 (4) the name of each person contacted in relation to
8-9 the complaint;
8-10 (5) a summary of the results of the review or
8-11 investigation of the complaint; and
8-12 (6) an explanation of the reason the file was closed,
8-13 if the board closed the file without taking action other than to
8-14 investigate the complaint.
8-15 (b) The board shall provide to the person filing the
8-16 complaint a copy of the board's policies and procedures relating to
8-17 complaint investigation and resolution.
8-18 (c) The board, at least quarterly until final disposition of
8-19 the complaint, shall notify the person filing the complaint and
8-20 each person who is a subject of the complaint of the status of the
8-21 complaint unless the notice would jeopardize an undercover
8-22 investigation.
8-23 Sec. 5B. SUBPOENAS. (a) In an investigation of a complaint
8-24 filed with the board, the board may request that the commissioner
8-25 of public health or the commissioner's designee approve the
8-26 issuance of a subpoena. If the request is approved, the board may
8-27 issue a subpoena to compel the attendance of a relevant witness or
9-1 the production, for inspection or copying, of relevant evidence
9-2 that is in this state.
9-3 (b) A subpoena may be served personally or by certified
9-4 mail.
9-5 (c) If a person fails to comply with the subpoena, the
9-6 board, acting through the attorney general, may file suit to
9-7 enforce the subpoena in a district court in Travis County or in the
9-8 county in which a hearing conducted by the board may be held.
9-9 (d) On finding that good cause exists for issuing the
9-10 subpoena, the court shall order the person to comply with the
9-11 subpoena. The court may punish a person who fails to obey the
9-12 court order.
9-13 (e) The board may delegate the authority granted under
9-14 Subsection (a) to the secretary-treasurer or executive secretary of
9-15 the board.
9-16 (f) The board shall pay a reasonable fee for photocopies
9-17 subpoenaed under this section in an amount not to exceed the amount
9-18 the board may charge for copies of its records.
9-19 (g) The reimbursement of the expenses of a witness whose
9-20 attendance is compelled under this section is governed by Section
9-21 2001.103, Government Code.
9-22 (h) All information and materials subpoenaed or compiled by
9-23 the board in connection with a complaint and investigation are
9-24 confidential and not subject to disclosure under Section 552.001 et
9-25 seq., Government Code, and not subject to disclosure, discovery,
9-26 subpoena, or other means of legal compulsion for their release to
9-27 anyone other than the board or its employees or agents involved in
10-1 discipline of the holder of a license, except that this information
10-2 may be disclosed to:
10-3 (1) persons involved with the board in a disciplinary
10-4 action against the holder of a license;
10-5 (2) athletic trainer licensing or disciplinary boards
10-6 in other jurisdictions;
10-7 (3) peer assistance programs approved by the board
10-8 under Chapter 467, Health and Safety Code;
10-9 (4) law enforcement agencies; and
10-10 (5) persons engaged in bona fide research, if all
10-11 individual-identifying information has been deleted.
10-12 (i) The filing of formal charges by the board against a
10-13 holder of a license, the nature of those charges, disciplinary
10-14 proceedings of the board, and final disciplinary actions, including
10-15 warnings and reprimands, by the board are not confidential and are
10-16 subject to disclosure in accordance with Section 552.001 et seq.,
10-17 Government Code.
10-18 SECTION 5. The Licensed Professional Counselor Act (Article
10-19 4512g, Vernon's Texas Civil Statutes) is amended by amending
10-20 Sections 16D and 16E and by adding Section 16F to read as follows:
10-21 Sec. 16D. SUBPOENAS. (a) In an investigation of a
10-22 complaint filed with the board, the board may request that the
10-23 commissioner of public health or the commissioner's designee
10-24 approve the issuance of a subpoena. If the request is approved,
10-25 the board may issue a subpoena to compel the attendance of a
10-26 relevant witness or the production, for inspection or copying, of
10-27 relevant evidence that is in this state.
11-1 (b) A subpoena may be served personally or by certified
11-2 mail.
11-3 (c) If a person fails to comply with a subpoena, the board,
11-4 acting through the attorney general, may file suit to enforce the
11-5 subpoena in a district court in Travis County or in the county in
11-6 which a hearing conducted by the board may be held.
11-7 (d) On finding that good cause exists for issuing the
11-8 subpoena, the court shall order the person to comply with the
11-9 subpoena. The court may punish a person who fails to obey the
11-10 court order.
11-11 (e) The board may delegate the authority granted under
11-12 Subsection (a) to the executive secretary of the board.
11-13 (f) The board shall pay a reasonable fee for photocopies
11-14 subpoenaed under this section in an amount not to exceed the amount
11-15 the board may charge for copies of its records.
11-16 (g) The reimbursement of the expenses of a witness whose
11-17 attendance is compelled under this section is governed by Section
11-18 2001.103, Government Code.
11-19 (h) All information and materials subpoenaed or compiled by
11-20 the board in connection with a complaint and investigation are
11-21 confidential and not subject to disclosure under Section 552.001 et
11-22 seq., Government Code, and not subject to disclosure, discovery,
11-23 subpoena, or other means of legal compulsion for their release to
11-24 anyone other than the board or its employees or agents involved in
11-25 discipline of the holder of a license, except that this information
11-26 may be disclosed to:
11-27 (1) persons involved with the board in a disciplinary
12-1 action against the holder of a license;
12-2 (2) professional counselor licensing or disciplinary
12-3 boards in other jurisdictions;
12-4 (3) peer assistance programs approved by the board
12-5 under Chapter 467, Health and Safety Code;
12-6 (4) law enforcement agencies; and
12-7 (5) persons engaged in bona fide research, if all
12-8 individual-identifying information has been deleted.
12-9 (i) The filing of formal charges by the board against a
12-10 holder of a license, the nature of those charges, disciplinary
12-11 proceedings of the board, and final disciplinary actions, including
12-12 warnings and reprimands, by the board are not confidential and are
12-13 subject to disclosure in accordance with Section 552.001 et seq.,
12-14 Government Code.
12-15 Sec. 16E. INFORMAL PROCEEDINGS. (a) The board by rule
12-16 shall adopt procedures governing:
12-17 (1) informal disposition of a contested case under
12-18 Section 2001.056, Government Code [13(e), Administrative Procedure
12-19 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
12-20 Statutes), and its subsequent amendments]; and
12-21 (2) informal proceedings held in compliance with
12-22 Section 2001.054, Government Code [18(c), Administrative Procedure
12-23 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
12-24 Statutes), and its subsequent amendments].
12-25 (b) Rules adopted under this section must provide the
12-26 complainant and the licensee an opportunity to be heard and must
12-27 require the presence of a representative of the department's legal
13-1 staff or the attorney general's office to advise the board or
13-2 board's employees.
13-3 Sec. 16F. [16E.] MONITORING OF LICENSEES. The board by rule
13-4 shall develop a system for monitoring licensees' compliance with
13-5 the requirements of this Act. Rules adopted under this section
13-6 shall include procedures for monitoring a licensee who is ordered
13-7 by the board to perform certain acts to ascertain that the licensee
13-8 performs the required acts and to identify and monitor licensees
13-9 who represent a risk to the public.
13-10 SECTION 6. The Licensed Dietitian Act (Article 4512h,
13-11 Vernon's Texas Civil Statutes) is amended by amending Sections 16C
13-12 and 16D and by adding Section 16E to read as follows:
13-13 Sec. 16C. SUBPOENAS. (a) In an investigation of a
13-14 complaint filed with the board, the board may request that the
13-15 commissioner or the commissioner's designee approve the issuance of
13-16 a subpoena. If the request is approved, the board may issue a
13-17 subpoena to compel the attendance of a relevant witness or the
13-18 production, for inspection or copying, of relevant evidence that is
13-19 in this state.
13-20 (b) A subpoena may be served personally or by certified
13-21 mail.
13-22 (c) If a person fails to comply with a subpoena, the board,
13-23 acting through the attorney general, may file suit to enforce the
13-24 subpoena in a district court in Travis County or in the county in
13-25 which a hearing conducted by the board may be held.
13-26 (d) On finding that good cause exists for issuing the
13-27 subpoena, the court shall order the person to comply with the
14-1 subpoena. The court may punish a person who fails to obey the
14-2 court order.
14-3 (e) The board may delegate the authority granted under
14-4 Subsection (a) to the executive secretary of the board.
14-5 (f) The board shall pay a reasonable fee for photocopies
14-6 subpoenaed under this section in an amount not to exceed the amount
14-7 the board may charge for copies of its records.
14-8 (g) The reimbursement of the expenses of a witness whose
14-9 attendance is compelled under this section is governed by Section
14-10 2001.103, Government Code.
14-11 (h) All information and materials subpoenaed or compiled by
14-12 the board in connection with a complaint and investigation are
14-13 confidential and not subject to disclosure under Section 552.001 et
14-14 seq., Government Code, and not subject to disclosure, discovery,
14-15 subpoena, or other means of legal compulsion for their release to
14-16 anyone other than the board or its employees or agents involved in
14-17 discipline of the holder of a license, except that this information
14-18 may be disclosed to:
14-19 (1) persons involved with the board in a disciplinary
14-20 action against the holder of a license;
14-21 (2) professional dietitian licensing or disciplinary
14-22 boards in other jurisdictions;
14-23 (3) peer assistance programs approved by the board
14-24 under Chapter 467, Health and Safety Code;
14-25 (4) law enforcement agencies; and
14-26 (5) persons engaged in bona fide research, if all
14-27 individual-identifying information has been deleted.
15-1 (i) The filing of formal charges by the board against a
15-2 holder of a license, the nature of those charges, disciplinary
15-3 proceedings of the board, and final disciplinary actions, including
15-4 warnings and reprimands, by the board are not confidential and are
15-5 subject to disclosure in accordance with Section 552.001 et seq.,
15-6 Government Code.
15-7 Sec. 16D. INFORMAL PROCEEDINGS. (a) The board by rule
15-8 shall adopt procedures governing:
15-9 (1) informal disposition of a contested case under
15-10 Section 2001.056, Government Code [13(e), Administrative Procedure
15-11 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
15-12 Statutes), and its subsequent amendments]; and
15-13 (2) informal proceedings held in compliance with
15-14 Section 2001.054, Government Code [18(c), Administrative Procedure
15-15 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
15-16 Statutes), and its subsequent amendments].
15-17 (b) Rules adopted under this section must provide the
15-18 complainant and the licensee an opportunity to be heard and must
15-19 require the presence of a representative of the office of the
15-20 attorney general or the board's legal counsel to advise the board
15-21 or board's employees.
15-22 Sec. 16E. [16D.] MONITORING OF LICENSEE. The board by rule
15-23 shall develop a system for monitoring a licensee's compliance with
15-24 the requirements of this Act. Rules adopted under this section
15-25 shall include procedures for monitoring a licensee who is ordered
15-26 by the board to perform certain acts to ascertain that the licensee
15-27 performs the required acts and to identify and monitor licensees
16-1 who represent a risk to the public.
16-2 SECTION 7. Section 5(b), Chapter 381, Acts of the 68th
16-3 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
16-4 Civil Statutes), is amended to read as follows:
16-5 (b) With the assistance of the department, the board shall
16-6 administer, coordinate, and enforce the provisions of this Act;
16-7 evaluate the qualifications of applicants; provide for the
16-8 examination of applicants; and, in connection with a hearing under
16-9 Section 19 of this Act, issue subpoenas, examine witnesses, and
16-10 administer oaths under the laws of the State of Texas.
16-11 SECTION 8. Chapter 381, Acts of the 68th Legislature,
16-12 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
16-13 Statutes), is amended by adding Section 24A to read as follows:
16-14 Sec. 24A. SUBPOENAS. (a) In an investigation of a
16-15 complaint filed with the board, the board may request that the
16-16 commissioner of public health or the commissioner's designee
16-17 approve the issuance of a subpoena. If the request is approved,
16-18 the board may issue a subpoena to compel the attendance of a
16-19 relevant witness or the production, for inspection or copying, of
16-20 relevant evidence that is in this state.
16-21 (b) A subpoena may be served personally or by certified
16-22 mail.
16-23 (c) If a person fails to comply with a subpoena, the board,
16-24 acting through the attorney general, may file suit to enforce the
16-25 subpoena in a district court in Travis County or in the county in
16-26 which a hearing conducted by the board may be held.
16-27 (d) On finding that good cause exists for issuing the
17-1 subpoena, the court shall order the person to comply with the
17-2 subpoena. The court may punish a person who fails to obey the
17-3 court order.
17-4 (e) The board may delegate the authority granted under
17-5 Subsection (a) to the secretary-treasurer of the board.
17-6 (f) The board shall pay a reasonable fee for photocopies
17-7 subpoenaed under this section in an amount not to exceed the amount
17-8 the board may charge for copies of its records.
17-9 (g) The reimbursement of the expenses of a witness whose
17-10 attendance is compelled under this section is governed by Section
17-11 2001.103, Government Code.
17-12 (h) All information and materials subpoenaed or compiled by
17-13 the board in connection with a complaint and investigation are
17-14 confidential and not subject to disclosure under Section 552.001 et
17-15 seq., Government Code, and not subject to disclosure, discovery,
17-16 subpoena, or other means of legal compulsion for their release to
17-17 anyone other than the board or its employees or agents involved in
17-18 discipline of the holder of a license, except that this information
17-19 may be disclosed to:
17-20 (1) persons involved with the board in a disciplinary
17-21 action against the holder of a license;
17-22 (2) professional speech-language pathologist and
17-23 audiologist licensing or disciplinary boards in other
17-24 jurisdictions;
17-25 (3) peer assistance programs approved by the board
17-26 under Chapter 467, Health and Safety Code;
17-27 (4) law enforcement agencies; and
18-1 (5) persons engaged in bona fide research, if all
18-2 individual-identifying information has been deleted.
18-3 (i) The filing of formal charges by the board against a
18-4 holder of a license, the nature of those charges, disciplinary
18-5 proceedings of the board, and final disciplinary actions, including
18-6 warnings and reprimands, by the board are not confidential and are
18-7 subject to disclosure in accordance with Section 552.001 et seq.,
18-8 Government Code.
18-9 SECTION 9. The Texas Medical Physics Practice Act (Article
18-10 4512n, Vernon's Texas Civil Statutes) is amended by adding Sections
18-11 11A and 11B to read as follows:
18-12 Sec. 11A. COMPLAINTS. (a) The board shall maintain a file
18-13 on each written complaint filed with the board. The file must
18-14 include:
18-15 (1) the name of the person who filed the complaint;
18-16 (2) the date the complaint is received by the board;
18-17 (3) the subject matter of the complaint;
18-18 (4) the name of each person contacted in relation to
18-19 the complaint;
18-20 (5) a summary of the results of the review or
18-21 investigation of the complaint; and
18-22 (6) an explanation of the reason the file was closed,
18-23 if the board closed the file without taking action other than to
18-24 investigate the complaint.
18-25 (b) The board shall provide to the person filing the
18-26 complaint a copy of the board's policies and procedures relating to
18-27 complaint investigation and resolution.
19-1 (c) The board, at least quarterly until final disposition of
19-2 the complaint, shall notify the person filing the complaint and
19-3 each person who is a subject of the complaint of the status of the
19-4 complaint unless the notice would jeopardize an undercover
19-5 investigation.
19-6 Sec. 11B. SUBPOENAS. (a) In an investigation of a
19-7 complaint filed with the board, the board may request that the
19-8 commissioner of public health or the commissioner's designee
19-9 approve the issuance of a subpoena. If the request is approved,
19-10 the board may issue a subpoena to compel the attendance of a
19-11 relevant witness or the production, for inspection or copying, of
19-12 relevant evidence that is in this state.
19-13 (b) A subpoena may be served personally or by certified
19-14 mail.
19-15 (c) If a person fails to comply with a subpoena, the board,
19-16 acting through the attorney general, may file suit to enforce the
19-17 subpoena in a district court in Travis County or in the county in
19-18 which a hearing conducted by the board may be held.
19-19 (d) On finding that good cause exists for issuing the
19-20 subpoena, the court shall order the person to comply with the
19-21 subpoena. The court may punish a person who fails to obey the
19-22 court order.
19-23 (e) The board may delegate the authority granted under
19-24 Subsection (a) to the executive secretary of the board.
19-25 (f) The board shall pay a reasonable fee for photocopies
19-26 subpoenaed under this section in an amount not to exceed the amount
19-27 the board may charge for copies of its records.
20-1 (g) The reimbursement of the expenses of a witness whose
20-2 attendance is compelled under this section is governed by Section
20-3 2001.103, Government Code.
20-4 (h) All information and materials subpoenaed or compiled by
20-5 the board in connection with a complaint and investigation are
20-6 confidential and not subject to disclosure under Section 552.001 et
20-7 seq., Government Code, and not subject to disclosure, discovery,
20-8 subpoena, or other means of legal compulsion for their release to
20-9 anyone other than the board or its agents or employees who are
20-10 involved in discipline of the holder of a license, except that this
20-11 information may be disclosed to:
20-12 (1) persons involved with the board in a disciplinary
20-13 action against the holder of a license;
20-14 (2) professional medical physics licensing or
20-15 disciplinary boards in other jurisdictions;
20-16 (3) peer assistance programs approved by the board
20-17 under Chapter 467, Health and Safety Code;
20-18 (4) law enforcement agencies; and
20-19 (5) persons engaged in bona fide research, if all
20-20 individual-identifying information has been deleted.
20-21 (i) The filing of formal charges by the board against a
20-22 holder of a license, the nature of those charges, disciplinary
20-23 proceedings of the board, and final disciplinary actions, including
20-24 warnings and reprimands, by the board are not confidential and are
20-25 subject to disclosure in accordance with Section 552.001 et seq.,
20-26 Government Code.
20-27 SECTION 10. The Licensed Perfusionists Act (Article 4529e,
21-1 Revised Statutes) is amended by adding Section 19A to read as
21-2 follows:
21-3 Sec. 19A. SUBPOENAS. (a) In an investigation of a
21-4 complaint filed with the board, the board may request that the
21-5 commissioner or the commissioner's designee approve the issuance of
21-6 a subpoena. If the request is approved, the board may issue a
21-7 subpoena to compel the attendance of a relevant witness or the
21-8 production, for inspection or copying, of relevant evidence that is
21-9 in this state.
21-10 (b) A subpoena may be served personally or by certified
21-11 mail.
21-12 (c) If a person fails to comply with a subpoena, the board,
21-13 acting through the attorney general, may file suit to enforce the
21-14 subpoena in a district court in Travis County or in the county in
21-15 which a hearing conducted by the board may be held.
21-16 (d) On finding that good cause exists for issuing the
21-17 subpoena, the court shall order the person to comply with the
21-18 subpoena. The court may punish a person who fails to obey the
21-19 court order.
21-20 (e) The board may delegate the authority granted under
21-21 Subsection (a) to the executive secretary of the board.
21-22 (f) The board shall pay a reasonable fee for photocopies
21-23 subpoenaed under this section in an amount not to exceed the amount
21-24 the board may charge for copies of its records.
21-25 (g) The reimbursement of the expenses of a witness whose
21-26 attendance is compelled under this section is governed by Section
21-27 2001.103, Government Code.
22-1 (h) All information and materials subpoenaed or compiled by
22-2 the board in connection with a complaint and investigation are
22-3 confidential and not subject to disclosure under Section 552.001 et
22-4 seq., Government Code, and not subject to disclosure, discovery,
22-5 subpoena, or other means of legal compulsion for their release to
22-6 anyone other than the board or its agents or employees involved in
22-7 discipline of the holder of a license, except that this information
22-8 may be disclosed to:
22-9 (1) persons involved with the board in a disciplinary
22-10 action against the holder of a license;
22-11 (2) professional perfusionist licensing or
22-12 disciplinary boards in other jurisdictions;
22-13 (3) peer assistance programs approved by the board
22-14 under Chapter 467, Health and Safety Code;
22-15 (4) law enforcement agencies; and
22-16 (5) persons engaged in bona fide research, if all
22-17 individual-identifying information has been deleted.
22-18 (i) The filing of formal charges by the board against a
22-19 holder of a license, the nature of those charges, disciplinary
22-20 proceedings of the board, and final disciplinary actions, including
22-21 warnings and reprimands, by the board are not confidential and are
22-22 subject to disclosure in accordance with Section 552.001 et seq.,
22-23 Government Code.
22-24 SECTION 11. Section 1.04(c), Chapter 366, Acts of the 61st
22-25 Legislature, Regular Session, 1969 (Article 4566-1.04, Vernon's
22-26 Texas Civil Statutes), is amended to read as follows:
22-27 (c) With the assistance of the department, the committee
23-1 shall:
23-2 (1) administer, coordinate, and enforce the provisions
23-3 of this Act;
23-4 (2) evaluate the qualifications of applicants;
23-5 (3) examine applicants; and
23-6 (4) in connection with a hearing under Section 1.11 of
23-7 this Act, issue subpoenas, examine witnesses, and administer oaths
23-8 under the laws of this state.
23-9 SECTION 12. Chapter 366, Acts of the 61st Legislature,
23-10 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
23-11 Civil Statutes), is amended by adding Section 1.12C to read as
23-12 follows:
23-13 Sec. 1.12C. SUBPOENAS. (a) In an investigation of a
23-14 complaint filed with the committee, the committee may request that
23-15 the commissioner of public health or the commissioner's designee
23-16 approve the issuance of a subpoena. If the request is approved,
23-17 the committee may issue a subpoena to compel the attendance of a
23-18 relevant witness or the production, for inspection or copying, of
23-19 relevant evidence that is in this state.
23-20 (b) A subpoena may be served personally or by certified
23-21 mail.
23-22 (c) If a person fails to comply with a subpoena, the
23-23 committee, acting through the attorney general, may file suit to
23-24 enforce the subpoena in a district court in Travis County or in the
23-25 county in which a hearing conducted by the committee may be held.
23-26 (d) On finding that good cause exists for issuing the
23-27 subpoena, the court shall order the person to comply with the
24-1 subpoena. The court may punish a person who fails to obey the
24-2 court order.
24-3 (e) The committee may delegate the authority granted under
24-4 Subsection (a) to the president or the vice-president of the
24-5 committee.
24-6 (f) The committee shall pay a reasonable fee for photocopies
24-7 subpoenaed under this section in an amount not to exceed the amount
24-8 the committee may charge for copies of its records.
24-9 (g) The reimbursement of the expenses of a witness whose
24-10 attendance is compelled under this section is governed by Section
24-11 2001.103, Government Code.
24-12 (h) All information and materials subpoenaed or compiled by
24-13 the committee in connection with a complaint and investigation are
24-14 confidential and not subject to disclosure under Section 552.001 et
24-15 seq., Government Code, and not subject to disclosure, discovery,
24-16 subpoena, or other means of legal compulsion for their release to
24-17 anyone other than the committee or its agents or employees who are
24-18 involved in discipline of the holder of a license, except that this
24-19 information may be disclosed to:
24-20 (1) persons involved with the committee in a
24-21 disciplinary action against the holder of a license;
24-22 (2) professional licensing or disciplinary boards for
24-23 the fitting and dispensing of hearing instruments in other
24-24 jurisdictions;
24-25 (3) peer assistance programs approved by the board
24-26 under Chapter 467, Health and Safety Code;
24-27 (4) law enforcement agencies; and
25-1 (5) persons engaged in bona fide research, if all
25-2 individual-identifying information has been deleted.
25-3 (i) The filing of formal charges by the committee against a
25-4 holder of a license, the nature of those charges, disciplinary
25-5 proceedings of the committee, and final disciplinary actions,
25-6 including warnings and reprimands, by the committee are not
25-7 confidential and are subject to disclosure in accordance with
25-8 Section 552.001 et seq., Government Code.
25-9 SECTION 13. Section 5(d), Orthotics and Prosthetics Act
25-10 (Article 8920, Revised Statutes), is amended to read as follows:
25-11 (d) The board may:
25-12 (1) investigate complaints;
25-13 (2) issue, suspend, deny, and revoke licenses;
25-14 (3) reprimand license holders and place license
25-15 holders on probation;
25-16 (4) in connection with a hearing under Section 33 of
25-17 this Act, issue subpoenas; and
25-18 (5) hold hearings.
25-19 SECTION 14. The Orthotics and Prosthetics Act (Article 8920,
25-20 Revised Statutes) is amended by adding Section 6A to read as
25-21 follows:
25-22 Sec. 6A. SUBPOENAS. (a) In an investigation of a complaint
25-23 filed with the board, the board may request that the commissioner
25-24 or the commissioner's designee approve the issuance of a subpoena.
25-25 If the request is approved, the board may issue a subpoena to
25-26 compel the attendance of a relevant witness or the production, for
25-27 inspection or copying, of relevant evidence that is in this state.
26-1 (b) A subpoena may be served personally or by certified
26-2 mail.
26-3 (c) If a person fails to comply with a subpoena, the board,
26-4 acting through the attorney general, may file suit to enforce the
26-5 subpoena in a district court in Travis County or in the county in
26-6 which a hearing conducted by the board may be held.
26-7 (d) On finding that good cause exists for issuing the
26-8 subpoena, the court shall order the person to comply with the
26-9 subpoena. The court may punish a person who fails to obey the
26-10 court order.
26-11 (e) The board may delegate the authority granted under
26-12 Subsection (a) to the executive director of the board.
26-13 (f) The board shall pay a reasonable fee for photocopies
26-14 subpoenaed under this section in an amount not to exceed the amount
26-15 the board may charge for copies of its records.
26-16 (g) The reimbursement of the expenses of a witness whose
26-17 attendance is compelled under this section is governed by Section
26-18 2001.103, Government Code.
26-19 (h) All information and materials subpoenaed or compiled by
26-20 the board in connection with a complaint and investigation are
26-21 confidential and not subject to disclosure under Section 552.001 et
26-22 seq., Government Code, and not subject to disclosure, discovery,
26-23 subpoena, or other means of legal compulsion for their release to
26-24 anyone other than the board or its employees or agents involved in
26-25 discipline of the holder of a license, except that this information
26-26 may be disclosed to:
26-27 (1) persons involved with the board in a disciplinary
27-1 action against the holder of a license;
27-2 (2) professional orthotist or prosthetist disciplinary
27-3 boards in other jurisdictions;
27-4 (3) peer assistance programs approved by the board
27-5 under Chapter 467, Health and Safety Code;
27-6 (4) law enforcement agencies; and
27-7 (5) persons engaged in bona fide research, if all
27-8 individual-identifying information has been deleted.
27-9 (i) The filing of formal charges by the board against a
27-10 holder of a license, the nature of those charges, disciplinary
27-11 proceedings of the board, and final disciplinary actions, including
27-12 warnings and reprimands, by the board are not confidential and are
27-13 subject to disclosure in accordance with Section 552.001 et seq.,
27-14 Government Code.
27-15 SECTION 15. Section 241.051, Health and Safety Code, is
27-16 amended to read as follows:
27-17 Sec. 241.051. INSPECTIONS. (a) The department may make any
27-18 inspection, survey, or investigation that it considers necessary.
27-19 A representative of the department may enter the premises of a
27-20 hospital at any reasonable time to make an inspection, a survey, or
27-21 an investigation to assure compliance with or prevent a violation
27-22 of this chapter, the rules adopted under this chapter, an order or
27-23 special order of the commissioner of health, a special license
27-24 provision, a court order granting injunctive relief, or other
27-25 enforcement procedures. The department shall maintain the
27-26 confidentiality of hospital records as applicable under state or
27-27 federal law.
28-1 (b) The department or a representative of the department is
28-2 entitled to access to all books, records, or other documents
28-3 maintained by or on behalf of the hospital to the extent necessary
28-4 to enforce this chapter, the rules adopted under this chapter, an
28-5 order or special order of the commissioner of health, a special
28-6 license provision, a court order granting injunctive relief, or
28-7 other enforcement procedures.
28-8 (c) By applying for or holding a hospital license, the
28-9 hospital consents to entry and inspection of the hospital by the
28-10 department or a representative of the department in accordance with
28-11 this chapter and the rules adopted under this chapter.
28-12 (d) All information and materials obtained or compiled by
28-13 the department in connection with a complaint and investigation
28-14 concerning a hospital are confidential and not subject to
28-15 disclosure under Section 552.001 et seq., Government Code, and not
28-16 subject to disclosure, discovery, subpoena, or other means of legal
28-17 compulsion for their release to anyone other than the department or
28-18 its employees or agents involved in the enforcement action except
28-19 that this information may be disclosed to:
28-20 (1) persons involved with the department in the
28-21 enforcement action against the hospital;
28-22 (2) the hospital that is the subject of the
28-23 enforcement action, or the hospital's authorized representative;
28-24 (3) appropriate state or federal agencies that are
28-25 authorized to inspect, survey, or investigate hospital services;
28-26 (4) law enforcement agencies; and
28-27 (5) persons engaged in bona fide research, if all
29-1 individual-identifying and hospital-identifying information has
29-2 been deleted.
29-3 (e) The following information is subject to disclosure in
29-4 accordance with Section 552.001 et seq., Government Code:
29-5 (1) a notice of alleged violation against the
29-6 hospital, which notice shall include the provisions of law which
29-7 the hospital is alleged to have violated, and a general statement
29-8 of the nature of the alleged violation;
29-9 (2) the pleadings in the administrative proceeding;
29-10 and
29-11 (3) a final decision or order by the department.
29-12 SECTION 16. Section 577.013, Health and Safety Code, is
29-13 amended by adding Subsections (d) and (e) to read as follows:
29-14 (d) All information and materials obtained or compiled by
29-15 the department in connection with a complaint and investigation
29-16 concerning a mental hospital licensed under this chapter are
29-17 confidential and not subject to disclosure, discovery, subpoena, or
29-18 other means of legal compulsion for their release to anyone other
29-19 than the department or its employees or agents involved in the
29-20 enforcement action except that this information may be disclosed
29-21 to:
29-22 (1) persons involved with the department in the
29-23 enforcement action against the licensed mental hospital;
29-24 (2) the licensed mental hospital that is the subject
29-25 of the enforcement action, or the licensed mental hospital's
29-26 authorized representative;
29-27 (3) appropriate state or federal agencies that are
30-1 authorized to inspect, survey, or investigate licensed mental
30-2 hospital services;
30-3 (4) law enforcement agencies; and
30-4 (5) persons engaged in bona fide research, if all
30-5 individual-identifying information and information identifying the
30-6 licensed mental hospital has been deleted.
30-7 (e) The following information is subject to disclosure in
30-8 accordance with Section 552.001 et seq., Government Code:
30-9 (1) a notice of alleged violation against the licensed
30-10 mental hospital, which notice shall include the provisions of law
30-11 which the licensed mental hospital is alleged to have violated, and
30-12 the nature of the alleged violation;
30-13 (2) the pleadings in the administrative proceeding;
30-14 and
30-15 (3) a final decision or order by the department.
30-16 SECTION 17. The change in law made by this Act applies only
30-17 to a complaint filed on or after the effective date of the Act. A
30-18 complaint filed before the effective date of this Act is governed
30-19 by the law in effect on the date the complaint was filed, and the
30-20 former law is continued in effect for that purpose.
30-21 SECTION 18. The importance of this legislation and the
30-22 crowded condition of the calendars in both houses create an
30-23 emergency and an imperative public necessity that the
30-24 constitutional rule requiring bills to be read on three several
30-25 days in each house be suspended, and this rule is hereby suspended,
30-26 and that this Act take effect and be in force from and after its
30-27 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2824 was passed by the House on May
4, 1999, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2824 on May 30, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2824 was passed by the Senate, with
amendments, on May 26, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor