By Gray H.B. No. 2824
76R1999 GJH-D
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 SECTION 2. Chapter 462, Acts of the 68th Legislature,
2-7 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
2-8 Statutes), is amended by adding Section 8C to read as follows:
2-9 Sec. 8C. SUBPOENAS. (a) In an investigation of a complaint
2-10 filed with the council, the council may issue a subpoena to compel
2-11 the attendance of a relevant witness or the production, for
2-12 inspection or copying, of relevant evidence that is in this state.
2-13 (b) A subpoena may be served personally or by certified
2-14 mail.
2-15 (c) If a person fails to comply with a subpoena, the
2-16 council, acting through the attorney general, may file suit to
2-17 enforce the subpoena in a district court in Travis County or in the
2-18 county in which a hearing conducted by the council may be held.
2-19 (d) On finding that good cause exists for issuing the
2-20 subpoena, the court shall order the person to comply with the
2-21 subpoena. The court may punish a person who fails to obey the
2-22 court order.
2-23 (e) The council may delegate the authority granted under
2-24 Subsection (a) to the executive director of the council.
2-25 (f) The council shall pay a reasonable fee for photocopies
2-26 subpoenaed under this section in an amount not to exceed the amount
2-27 the council may charge for copies of its records.
3-1 (g) The reimbursement of the expenses of a witness whose
3-2 attendance is compelled under this section is governed by Section
3-3 2001.103, Government Code.
3-4 SECTION 3. The Licensed Marriage and Family Therapist Act
3-5 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
3-6 amending Sections 11B and 11C and adding Section 11D to read as
3-7 follows:
3-8 Sec. 11B. SUBPOENAS. (a) In an investigation of a
3-9 complaint filed with the board, the board may issue a subpoena to
3-10 compel the attendance of a relevant witness or the production, for
3-11 inspection or copying, of relevant evidence that is in this state.
3-12 (b) A subpoena may be served personally or by certified
3-13 mail.
3-14 (c) If a person fails to comply with a subpoena, the board,
3-15 acting through the attorney general, may file suit to enforce the
3-16 subpoena in a district court in Travis County or in the county in
3-17 which a hearing conducted by the board may be held.
3-18 (d) On finding that good cause exists for issuing the
3-19 subpoena, the court shall order the person to comply with the
3-20 subpoena. The court may punish a person who fails to obey the
3-21 court order.
3-22 (e) The board may delegate the authority granted under
3-23 Subsection (a) to the executive director of the board.
3-24 (f) The board shall pay a reasonable fee for photocopies
3-25 subpoenaed under this section in an amount not to exceed the amount
3-26 the board may charge for copies of its records.
3-27 (g) The reimbursement of the expenses of a witness whose
4-1 attendance is compelled under this section is governed by Section
4-2 2001.103, Government Code.
4-3 Sec. 11C. INFORMAL PROCEEDINGS. (a) The board by rule
4-4 shall adopt procedures governing:
4-5 (1) informal disposition of a contested case under
4-6 Section 2001.056, Government Code [13(e), Administrative Procedure
4-7 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
4-8 Statutes), and its subsequent amendments]; and
4-9 (2) informal proceedings held in compliance with
4-10 Section 2001.054, Government Code [18(c), Administrative Procedure
4-11 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
4-12 Statutes), and its subsequent amendments].
4-13 (b) Rules adopted under this section must provide the
4-14 complainant and the license holder an opportunity to be heard and
4-15 must require the presence of an attorney to advise the board or
4-16 board's employees. The attorney must be a member of the board's
4-17 legal staff if the board has a legal staff. If the board does not
4-18 have a legal staff, the attorney must be an employee of the office
4-19 of the attorney general.
4-20 Sec. 11D. [Sec. 11C.] MONITORING OF LICENSE HOLDER. The
4-21 board by rule shall develop a system for monitoring license
4-22 holders' compliance with the requirements of this Act. Rules
4-23 adopted under this section shall include procedures for monitoring
4-24 a license holder who is ordered by the board to perform certain
4-25 acts to ascertain that the license holder performs the required
4-26 acts and to identify and monitor license holders who represent a
4-27 risk to the public.
5-1 SECTION 4. Chapter 498, Acts of the 62nd Legislature,
5-2 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
5-3 Statutes), is amended by adding Sections 5A and 5B to read as
5-4 follows:
5-5 Sec. 5A. COMPLAINTS. (a) The board shall maintain a file
5-6 on each written complaint filed with the board. The file must
5-7 include:
5-8 (1) the name of the person who filed the complaint;
5-9 (2) the date the complaint is received by the board;
5-10 (3) the subject matter of the complaint;
5-11 (4) the name of each person contacted in relation to
5-12 the complaint;
5-13 (5) a summary of the results of the review or
5-14 investigation of the complaint; and
5-15 (6) an explanation of the reason the file was closed,
5-16 if the board closed the file without taking action other than to
5-17 investigate the complaint.
5-18 (b) The board shall provide to the person filing the
5-19 complaint a copy of the board's policies and procedures relating to
5-20 complaint investigation and resolution.
5-21 (c) The board, at least quarterly until final disposition of
5-22 the complaint, shall notify the person filing the complaint and
5-23 each person who is a subject of the complaint of the status of the
5-24 complaint unless the notice would jeopardize an undercover
5-25 investigation.
5-26 Sec. 5B. SUBPOENAS. (a) In an investigation of a complaint
5-27 filed with the board, the board may issue a subpoena to compel the
6-1 attendance of a relevant witness or the production, for inspection
6-2 or copying, of relevant evidence that is in this state.
6-3 (b) A subpoena may be served personally or by certified
6-4 mail.
6-5 (c) If a person fails to comply with the subpoena, the
6-6 board, acting through the attorney general, may file suit to
6-7 enforce the subpoena in a district court in Travis County or in the
6-8 county in which a hearing conducted by the board may be held.
6-9 (d) On finding that good cause exists for issuing the
6-10 subpoena, the court shall order the person to comply with the
6-11 subpoena. The court may punish a person who fails to obey the
6-12 court order.
6-13 (e) The board may delegate the authority granted under
6-14 Subsection (a) to the secretary-treasurer or executive secretary of
6-15 the board.
6-16 (f) The board shall pay a reasonable fee for photocopies
6-17 subpoenaed under this section in an amount not to exceed the amount
6-18 the board may charge for copies of its records.
6-19 (g) The reimbursement of the expenses of a witness whose
6-20 attendance is compelled under this section is governed by Section
6-21 2001.103, Government Code.
6-22 SECTION 5. The Licensed Professional Counselor Act (Article
6-23 4512g, Vernon's Texas Civil Statutes) is amended by amending
6-24 Sections 16D and 16E and by adding Section 16F to read as follows:
6-25 Sec. 16D. SUBPOENAS. (a) In an investigation of a
6-26 complaint filed with the board, the board may issue a subpoena to
6-27 compel the attendance of a relevant witness or the production, for
7-1 inspection or copying, of relevant evidence that is in this state.
7-2 (b) A subpoena may be served personally or by certified
7-3 mail.
7-4 (c) If a person fails to comply with a subpoena, the board,
7-5 acting through the attorney general, may file suit to enforce the
7-6 subpoena in a district court in Travis County or in the county in
7-7 which a hearing conducted by the board may be held.
7-8 (d) On finding that good cause exists for issuing the
7-9 subpoena, the court shall order the person to comply with the
7-10 subpoena. The court may punish a person who fails to obey the
7-11 court order.
7-12 (e) The board may delegate the authority granted under
7-13 Subsection (a) to the executive secretary of the board.
7-14 (f) The board shall pay a reasonable fee for photocopies
7-15 subpoenaed under this section in an amount not to exceed the amount
7-16 the board may charge for copies of its records.
7-17 (g) The reimbursement of the expenses of a witness whose
7-18 attendance is compelled under this section is governed by Section
7-19 2001.103, Government Code.
7-20 Sec. 16E. INFORMAL PROCEEDINGS. (a) The board by rule
7-21 shall adopt procedures governing:
7-22 (1) informal disposition of a contested case under
7-23 Section 2001.056, Government Code [13(e), Administrative Procedure
7-24 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
7-25 Statutes), and its subsequent amendments]; and
7-26 (2) informal proceedings held in compliance with
7-27 Section 2001.054, Government Code [18(c), Administrative Procedure
8-1 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
8-2 Statutes), and its subsequent amendments].
8-3 (b) Rules adopted under this section must provide the
8-4 complainant and the licensee an opportunity to be heard and must
8-5 require the presence of a representative of the department's legal
8-6 staff or the attorney general's office to advise the board or
8-7 board's employees.
8-8 Sec. 16F. [16E.] MONITORING OF LICENSEES. The board by rule
8-9 shall develop a system for monitoring licensees' compliance with
8-10 the requirements of this Act. Rules adopted under this section
8-11 shall include procedures for monitoring a licensee who is ordered
8-12 by the board to perform certain acts to ascertain that the licensee
8-13 performs the required acts and to identify and monitor licensees
8-14 who represent a risk to the public.
8-15 SECTION 6. The Licensed Dietitian Act (Article 4512h,
8-16 Vernon's Texas Civil Statutes) is amended by amending Sections 16C
8-17 and 16D and by adding Section 16E to read as follows:
8-18 Sec. 16C. SUBPOENAS. (a) In an investigation of a
8-19 complaint filed with the board, the board may issue a subpoena to
8-20 compel the attendance of a relevant witness or the production, for
8-21 inspection or copying, of relevant evidence that is in this state.
8-22 (b) A subpoena may be served personally or by certified
8-23 mail.
8-24 (c) If a person fails to comply with a subpoena, the board,
8-25 acting through the attorney general, may file suit to enforce the
8-26 subpoena in a district court in Travis County or in the county in
8-27 which a hearing conducted by the board may be held.
9-1 (d) On finding that good cause exists for issuing the
9-2 subpoena, the court shall order the person to comply with the
9-3 subpoena. The court may punish a person who fails to obey the
9-4 court order.
9-5 (e) The board may delegate the authority granted under
9-6 Subsection (a) to the executive secretary of the board.
9-7 (f) The board shall pay a reasonable fee for photocopies
9-8 subpoenaed under this section in an amount not to exceed the amount
9-9 the board may charge for copies of its records.
9-10 (g) The reimbursement of the expenses of a witness whose
9-11 attendance is compelled under this section is governed by Section
9-12 2001.103, Government Code.
9-13 Sec. 16D. INFORMAL PROCEEDINGS. (a) The board by rule
9-14 shall adopt procedures governing:
9-15 (1) informal disposition of a contested case under
9-16 Section 2001.056, Government Code [13(e), Administrative Procedure
9-17 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
9-18 Statutes), and its subsequent amendments]; and
9-19 (2) informal proceedings held in compliance with
9-20 Section 2001.054, Government Code [18(c), Administrative Procedure
9-21 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
9-22 Statutes), and its subsequent amendments].
9-23 (b) Rules adopted under this section must provide the
9-24 complainant and the licensee an opportunity to be heard and must
9-25 require the presence of a representative of the office of the
9-26 attorney general or the board's legal counsel to advise the board
9-27 or board's employees.
10-1 Sec. 16E. [16D.] MONITORING OF LICENSEE. The board by rule
10-2 shall develop a system for monitoring a licensee's compliance with
10-3 the requirements of this Act. Rules adopted under this section
10-4 shall include procedures for monitoring a licensee who is ordered
10-5 by the board to perform certain acts to ascertain that the licensee
10-6 performs the required acts and to identify and monitor licensees
10-7 who represent a risk to the public.
10-8 SECTION 7. Section 5(b), Chapter 381, Acts of the 68th
10-9 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
10-10 Civil Statutes), is amended to read as follows:
10-11 (b) With the assistance of the department, the board shall
10-12 administer, coordinate, and enforce the provisions of this Act;
10-13 evaluate the qualifications of applicants; provide for the
10-14 examination of applicants; and, in connection with a hearing under
10-15 Section 19 of this Act, issue subpoenas, examine witnesses, and
10-16 administer oaths under the laws of the State of Texas.
10-17 SECTION 8. Chapter 381, Acts of the 68th Legislature,
10-18 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
10-19 Statutes), is amended by adding Section 24A to read as follows:
10-20 Sec. 24A. SUBPOENAS. (a) In an investigation of a
10-21 complaint filed with the board, the board may issue a subpoena to
10-22 compel the attendance of a relevant witness or the production, for
10-23 inspection or copying, of relevant evidence that is in this state.
10-24 (b) A subpoena may be served personally or by certified
10-25 mail.
10-26 (c) If a person fails to comply with a subpoena, the board,
10-27 acting through the attorney general, may file suit to enforce the
11-1 subpoena in a district court in Travis County or in the county in
11-2 which a hearing conducted by the board may be held.
11-3 (d) On finding that good cause exists for issuing the
11-4 subpoena, the court shall order the person to comply with the
11-5 subpoena. The court may punish a person who fails to obey the
11-6 court order.
11-7 (e) The board may delegate the authority granted under
11-8 Subsection (a) to the secretary-treasurer of the board.
11-9 (f) The board shall pay a reasonable fee for photocopies
11-10 subpoenaed under this section in an amount not to exceed the amount
11-11 the board may charge for copies of its records.
11-12 (g) The reimbursement of the expenses of a witness whose
11-13 attendance is compelled under this section is governed by Section
11-14 2001.103, Government Code.
11-15 SECTION 9. The Texas Medical Physics Practice Act (Article
11-16 4512n, Vernon's Texas Civil Statutes) is amended by adding Sections
11-17 11A and 11B to read as follows:
11-18 Sec. 11A. COMPLAINTS. (a) The board shall maintain a file
11-19 on each written complaint filed with the board. The file must
11-20 include:
11-21 (1) the name of the person who filed the complaint;
11-22 (2) the date the complaint is received by the board;
11-23 (3) the subject matter of the complaint;
11-24 (4) the name of each person contacted in relation to
11-25 the complaint;
11-26 (5) a summary of the results of the review or
11-27 investigation of the complaint; and
12-1 (6) an explanation of the reason the file was closed,
12-2 if the board closed the file without taking action other than to
12-3 investigate the complaint.
12-4 (b) The board shall provide to the person filing the
12-5 complaint a copy of the board's policies and procedures relating to
12-6 complaint investigation and resolution.
12-7 (c) The board, at least quarterly until final disposition of
12-8 the complaint, shall notify the person filing the complaint and
12-9 each person who is a subject of the complaint of the status of the
12-10 complaint unless the notice would jeopardize an undercover
12-11 investigation.
12-12 Sec. 11B. SUBPOENAS. (a) In an investigation of a
12-13 complaint filed with the board, the board may issue a subpoena to
12-14 compel the attendance of a relevant witness or the production, for
12-15 inspection or copying, of relevant evidence that is in this state.
12-16 (b) A subpoena may be served personally or by certified
12-17 mail.
12-18 (c) If a person fails to comply with a subpoena, the board,
12-19 acting through the attorney general, may file suit to enforce the
12-20 subpoena in a district court in Travis County or in the county in
12-21 which a hearing conducted by the board may be held.
12-22 (d) On finding that good cause exists for issuing the
12-23 subpoena, the court shall order the person to comply with the
12-24 subpoena. The court may punish a person who fails to obey the
12-25 court order.
12-26 (e) The board may delegate the authority granted under
12-27 Subsection (a) to the executive secretary of the board.
13-1 (f) The board shall pay a reasonable fee for photocopies
13-2 subpoenaed under this section in an amount not to exceed the amount
13-3 the board may charge for copies of its records.
13-4 (g) The reimbursement of the expenses of a witness whose
13-5 attendance is compelled under this section is governed by Section
13-6 2001.103, Government Code.
13-7 SECTION 10. The Licensed Perfusionists Act (Article 4529e,
13-8 Revised Statutes) is amended by adding Section 19A to read as
13-9 follows:
13-10 Sec. 19A. SUBPOENAS. (a) In an investigation of a
13-11 complaint filed with the board, the board may issue a subpoena to
13-12 compel the attendance of a relevant witness or the production, for
13-13 inspection or copying, of relevant evidence that is in this state.
13-14 (b) A subpoena may be served personally or by certified
13-15 mail.
13-16 (c) If a person fails to comply with a subpoena, the board,
13-17 acting through the attorney general, may file suit to enforce the
13-18 subpoena in a district court in Travis County or in the county in
13-19 which a hearing conducted by the board may be held.
13-20 (d) On finding that good cause exists for issuing the
13-21 subpoena, the court shall order the person to comply with the
13-22 subpoena. The court may punish a person who fails to obey the
13-23 court order.
13-24 (e) The board may delegate the authority granted under
13-25 Subsection (a) to the executive secretary of the board.
13-26 (f) The board shall pay a reasonable fee for photocopies
13-27 subpoenaed under this section in an amount not to exceed the amount
14-1 the board may charge for copies of its records.
14-2 (g) The reimbursement of the expenses of a witness whose
14-3 attendance is compelled under this section is governed by Section
14-4 2001.103, Government Code.
14-5 SECTION 11. Section 1.04(c), Chapter 366, Acts of the 61st
14-6 Legislature, Regular Session, 1969 (Article 4566-1.01 et seq.,
14-7 Vernon's Texas Civil Statutes), is amended to read as follows:
14-8 (c) With the assistance of the department, the committee
14-9 shall:
14-10 (1) administer, coordinate, and enforce the provisions
14-11 of this Act;
14-12 (2) evaluate the qualifications of applicants;
14-13 (3) examine applicants; and
14-14 (4) in connection with a hearing under Section 1.11 of
14-15 this Act, issue subpoenas, examine witnesses, and administer oaths
14-16 under the laws of this state.
14-17 SECTION 12. Chapter 366, Acts of the 61st Legislature,
14-18 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
14-19 Civil Statutes), is amended by adding Section 1.12C to read as
14-20 follows:
14-21 Sec. 1.12C. SUBPOENAS. (a) In an investigation of a
14-22 complaint filed with the committee, the committee may issue a
14-23 subpoena to compel the attendance of a relevant witness or the
14-24 production, for inspection or copying, of relevant evidence that is
14-25 in this state.
14-26 (b) A subpoena may be served personally or by certified
14-27 mail.
15-1 (c) If a person fails to comply with a subpoena, the
15-2 committee, acting through the attorney general, may file suit to
15-3 enforce the subpoena in a district court in Travis County or in the
15-4 county in which a hearing conducted by the committee may be held.
15-5 (d) On finding that good cause exists for issuing the
15-6 subpoena, the court shall order the person to comply with the
15-7 subpoena. The court may punish a person who fails to obey the
15-8 court order.
15-9 (e) The committee may delegate the authority granted under
15-10 Subsection (a) to the president or the vice-president of the
15-11 committee.
15-12 (f) The committee shall pay a reasonable fee for photocopies
15-13 subpoenaed under this section in an amount not to exceed the amount
15-14 the committee may charge for copies of its records.
15-15 (g) The reimbursement of the expenses of a witness whose
15-16 attendance is compelled under this section is governed by Section
15-17 2001.103, Government Code.
15-18 SECTION 13. Section 5(d), Orthotics and Prosthetics Act
15-19 (Article 8920, Revised Statutes), is amended to read as follows:
15-20 (d) The board may:
15-21 (1) investigate complaints;
15-22 (2) issue, suspend, deny, and revoke licenses;
15-23 (3) reprimand license holders and place license
15-24 holders on probation;
15-25 (4) in connection with a hearing under Section 33 of
15-26 this Act, issue subpoenas; and
15-27 (5) hold hearings.
16-1 SECTION 14. The Orthotics and Prosthetics Act (Article 8920,
16-2 Revised Statutes) is amended by adding Section 6A to read as
16-3 follows:
16-4 Sec. 6A. SUBPOENAS. (a) In an investigation of a complaint
16-5 filed with the board, the board may issue a subpoena to compel the
16-6 attendance of a relevant witness or the production, for inspection
16-7 or copying, of relevant evidence that is in this state.
16-8 (b) A subpoena may be served personally or by certified
16-9 mail.
16-10 (c) If a person fails to comply with a subpoena, the board,
16-11 acting through the attorney general, may file suit to enforce the
16-12 subpoena in a district court in Travis County or in the county in
16-13 which a hearing conducted by the board may be held.
16-14 (d) On finding that good cause exists for issuing the
16-15 subpoena, the court shall order the person to comply with the
16-16 subpoena. The court may punish a person who fails to obey the
16-17 court order.
16-18 (e) The board may delegate the authority granted under
16-19 Subsection (a) to the executive director of the board.
16-20 (f) The board shall pay a reasonable fee for photocopies
16-21 subpoenaed under this section in an amount not to exceed the amount
16-22 the board may charge for copies of its records.
16-23 (g) The reimbursement of the expenses of a witness whose
16-24 attendance is compelled under this section is governed by Section
16-25 2001.103, Government Code.
16-26 SECTION 15. The change in law made by this Act applies only
16-27 to a complaint filed on or after the effective date of the Act. A
17-1 complaint filed before the effective date of this Act is governed
17-2 by the law in effect on the date the complaint was filed, and the
17-3 former law is continued in effect for that purpose.
17-4 SECTION 16. The importance of this legislation and the
17-5 crowded condition of the calendars in both houses create an
17-6 emergency and an imperative public necessity that the
17-7 constitutional rule requiring bills to be read on three several
17-8 days in each house be suspended, and this rule is hereby suspended,
17-9 and that this Act take effect and be in force from and after its
17-10 passage, and it is so enacted.
17-11 COMMITTEE AMENDMENT NO. 1
17-12 Amend H.B. 2824 as follows:
17-13 In SECTION 1, amend Section 50.0225, Human Resources Code, by
17-14 adding Subsections (h) and (i) to read as follows:
17-15 (h) All information and materials subpoenaed or compiled by
17-16 the board in connection with a complaint and investigation are
17-17 confidential and not subject to disclosure under Section 552.001 et
17-18 seq., Government Code, and not subject to disclosure, discovery,
17-19 subpoena, or other means of legal compulsion for their release to
17-20 anyone other than the board or its employees or agents involved in
17-21 discipline of the holder of a license or order of recognition
17-22 except that this information may be disclosed to:
17-23 (1) persons involved with the board in a disciplinary
17-24 action against the holder of a license or order of recognition;
17-25 (2) professional social work licensing or disciplinary
17-26 boards in other jurisdictions;
17-27 (3) peer assistance programs approved by the board
18-1 under Chapter 467, Health and Safety Code;
18-2 (4) law enforcement agencies; and
18-3 (5) persons engaged in bona fide research, if all
18-4 individual-identifying information has been deleted.
18-5 (i) The filing of formal charges against a holder of a
18-6 license or order of recognition, the nature of those charges,
18-7 disciplinary proceedings of the board, and final disciplinary
18-8 actions, including warnings and reprimands, by the board are not
18-9 confidential and are subject to disclosure in accordance with
18-10 Section 552.001 et seq., Government Code.
18-11 In SECTION 2, amend Sec. 8C, Article 4413(51), Vernon's Texas
18-12 Civil Statutes, by adding Subsections (h) and (i) to read as
18-13 follows:
18-14 (h) All information and materials subpoenaed or compiled by
18-15 the council in connection with a complaint and investigation are
18-16 confidential and not subject to disclosure under Section 552.001 et
18-17 seq., Government Code, and not subject to disclosure, discovery,
18-18 subpoena, or other means of legal compulsion for their release to
18-19 anyone other than the council or its employees or agents involved
18-20 in the complaint and investigation, except that this information
18-21 may be disclosed to:
18-22 (1) persons involved with the council in a complaint
18-23 and investigation;
18-24 (2) professional sex offender treatment provider
18-25 licensing or disciplinary boards in other jurisdictions;
18-26 (3) peer assistance programs approved by the board
18-27 under Chapter 467, Health and Safety Code;
19-1 (4) law enforcement agencies; and
19-2 (5) persons engaged in bona fide research, if all
19-3 individual-identifying information has been deleted.
19-4 (i) The filing of formal charges against a person under this
19-5 chapter by the council, the nature of those charges, disciplinary
19-6 proceedings of the council, and final disciplinary actions,
19-7 including warnings and reprimands, by the council are not
19-8 confidential and are subject to disclosure in accordance with
19-9 Section 552.001 et seq., Government Code.
19-10 In SECTION 3, amend Section 11B, Article 4512c-1, Vernon's
19-11 Texas Civil Statutes by adding Subsections (h) and (i) to read as
19-12 follows:
19-13 (h) All information and materials subpoenaed or compiled by
19-14 the board in connection with a complaint and investigation are
19-15 confidential and not subject to disclosure under Section 552.001 et
19-16 seq., Government Code, and not subject to disclosure, discovery,
19-17 subpoena, or other means of legal compulsion for their release to
19-18 anyone other than the board or its employees or agents involved in
19-19 discipline of the holder of a license except that this information
19-20 may be disclosed to:
19-21 (1) persons involved with the board in a disciplinary
19-22 action against the holder of a license;
19-23 (2) marriage and family therapist licensing or
19-24 disciplinary boards in other jurisdictions;
19-25 (3) peer assistance programs approved by the board
19-26 under Chapter 467, Health and Safety Code;
19-27 (4) law enforcement agencies; and
20-1 (5) persons engaged in bona fide research, if all
20-2 individual-identifying information has been deleted.
20-3 (i) The filing of formal charges by the board against a
20-4 holder of a license, the nature of those charges, disciplinary
20-5 proceedings of the board, and final disciplinary actions, including
20-6 warnings and reprimands, by the board are not confidential and are
20-7 subject to disclosure in accordance with Section 552.001 et seq.,
20-8 Government Code.
20-9 In SECTION 4, amend Section 5B, Article 4512d, Vernon's Texas
20-10 Civil Statutes by adding Subsections (h) and (i) to read as
20-11 follows:
20-12 (h) All information and materials subpoenaed or compiled by
20-13 the board in connection with a complaint and investigation are
20-14 confidential and not subject to disclosure under Section 552.001 et
20-15 seq., Government Code, and not subject to disclosure, discovery,
20-16 subpoena, or other means of legal compulsion for their release to
20-17 anyone other than the board or its employees or agents involved in
20-18 discipline of the holder of a license except that this information
20-19 may be disclosed to:
20-20 (1) persons involved with the board in a disciplinary
20-21 action against the holder of a license;
20-22 (2) athletic trainer licensing or disciplinary boards
20-23 in other jurisdictions;
20-24 (3) peer assistance programs approved by the board
20-25 under Chapter 467, Health and Safety Code;
20-26 (4) law enforcement agencies; and
20-27 (5) persons engaged in bona fide research, if all
21-1 individual-identifying information has been deleted.
21-2 (i) The filing of formal charges by the board against a
21-3 holder of a license, the nature of those charges, disciplinary
21-4 proceedings of the board, and final disciplinary actions, including
21-5 warnings and reprimands, by the board are not confidential and are
21-6 subject to disclosure in accordance with Section 552.001 et seq.,
21-7 Government Code.
21-8 In SECTION 5, amend Section 16D, Article 4512g, Vernon's
21-9 Texas Civil Statutes by adding Subsections (h) and (i) to read as
21-10 follows:
21-11 (h) All information and materials subpoenaed or compiled by
21-12 the board in connection with a complaint and investigation are
21-13 confidential and not subject to disclosure under Section 552.001 et
21-14 seq., Government Code, and not subject to disclosure, discovery,
21-15 subpoena, or other means of legal compulsion for their release to
21-16 anyone other than the board or its employees or agents involved in
21-17 discipline of the holder of a license except that this information
21-18 may be disclosed to:
21-19 (1) persons involved with the board in a disciplinary
21-20 action against the holder of a license;
21-21 (2) professional counselor licensing or disciplinary
21-22 boards in other jurisdictions;
21-23 (3) peer assistance programs approved by the board
21-24 under Chapter 467, Health and Safety Code;
21-25 (4) law enforcement agencies; and
21-26 (5) persons engaged in bona fide research, if all
21-27 individual-identifying information has been deleted.
22-1 (i) The filing of formal charges by the board against a
22-2 holder of a license, the nature of those charges, disciplinary
22-3 proceedings of the board, and final disciplinary actions, including
22-4 warnings and reprimands, by the board are not confidential and are
22-5 subject to disclosure in accordance with Section 552.001 et seq.,
22-6 Government Code.
22-7 In SECTION 6, amend Sec. 16C, Article 4512h, Vernon's Texas
22-8 Civil Statutes by adding Subsections (h) and (i) to read as
22-9 follows:
22-10 (h) All information and materials subpoenaed or compiled by
22-11 the board in connection with a complaint and investigation are
22-12 confidential and not subject to disclosure under Section 552.001 et
22-13 seq., Government Code, and not subject to disclosure, discovery,
22-14 subpoena, or other means of legal compulsion for their release to
22-15 anyone other than the board or its employees or agents involved in
22-16 discipline of the holder of a license except that this information
22-17 may be disclosed to:
22-18 (1) persons involved with the board in a disciplinary
22-19 action against the holder of a license;
22-20 (2) professional dietitian licensing or disciplinary
22-21 boards in other jurisdictions;
22-22 (3) peer assistance programs approved by the board
22-23 under Chapter 467, Health and Safety Code;
22-24 (4) law enforcement agencies; and
22-25 (5) persons engaged in bona fide research, if all
22-26 individual-identifying information has been deleted.
22-27 (i) The filing of formal charges by the board against a
23-1 holder of a license, the nature of those charges, disciplinary
23-2 proceedings of the board, and final disciplinary actions, including
23-3 warnings and reprimands, by the board are not confidential and are
23-4 subject to disclosure in accordance with Section 552.001 et seq.,
23-5 Government Code.
23-6 In SECTION 8, amend Section 24A, Article 4512j, Vernon's
23-7 Texas Civil Statutes, by adding Subsections (h) and (i) to read as
23-8 follows:
23-9 (h) All information and materials subpoenaed or compiled by
23-10 the board in connection with a complaint and investigation are
23-11 confidential and not subject to disclosure under Section 552.001 et
23-12 seq., Government Code, and not subject to disclosure, discovery,
23-13 subpoena, or other means of legal compulsion for their release to
23-14 anyone other than the board or its employees or agents involved in
23-15 discipline of the holder of a license except that this information
23-16 may be disclosed to:
23-17 (1) persons involved with the board in a disciplinary
23-18 action against the holder of a license;
23-19 (2) professional speech language pathologist and
23-20 audiologist licensing or disciplinary boards in other
23-21 jurisdictions;
23-22 (3) peer assistance programs approved by the board
23-23 under Chapter 467, Health and Safety Code;
23-24 (4) law enforcement agencies; and
23-25 (5) persons engaged in bona fide research, if all
23-26 individual-identifying information has been deleted.
23-27 (i) The filing of formal charges by the board against a
24-1 holder of a license, the nature of those charges, disciplinary
24-2 proceedings of the board, and final disciplinary actions, including
24-3 warnings and reprimands, by the board are not confidential and are
24-4 subject to disclosure in accordance with Section 552.001 et seq.,
24-5 Government Code.
24-6 In SECTION 9, amend Section 11B, Article 4512n, Vernon's
24-7 Texas Civil Statutes, by adding Subsections (h) and (i) to read as
24-8 follows:
24-9 (h) All information and materials subpoenaed or compiled by
24-10 the board in connection with a complaint and investigation are
24-11 confidential and not subject to disclosure under Section 552.001 et
24-12 seq., Government Code, and not subject to disclosure, discovery,
24-13 subpoena or other means of legal compulsion for their release to
24-14 anyone other than the board or its agents or employees who are
24-15 involved in discipline of the holder of a license except that this
24-16 information may be disclosed to:
24-17 (1) persons involved with the board in a disciplinary
24-18 action against the holder of a license;
24-19 (2) professional medical physics licensing or
24-20 disciplinary boards in other jurisdictions;
24-21 (3) peer assistance programs approved by the board
24-22 under Chapter 467, Health and Safety Code;
24-23 (4) law enforcement agencies; and
24-24 (5) persons engaged in bona fide research, if all
24-25 individual-identifying information has been deleted.
24-26 (i) The filing of formal charges by the board against a
24-27 holder of a license, the nature of those charges, disciplinary
25-1 proceedings of the board, and final disciplinary actions, including
25-2 warnings and reprimands, by the board are not confidential and are
25-3 subject to disclosure in accordance with Section 552.001 et seq.,
25-4 Government Code.
25-5 In SECTION 10, amend Section 19A, Article 4529e, Revised
25-6 Statutes, by adding Subsections (h) and (i) to read as follows:
25-7 (h) All information and materials subpoenaed or compiled by
25-8 the board in connection with a complaint and investigation are
25-9 confidential and not subject to disclosure under Section 552.001 et
25-10 seq., Government Code, and not subject to disclosure, discovery,
25-11 subpoena or other means of legal compulsion for their release to
25-12 anyone other than the board or its agents or employees involved in
25-13 discipline of the holder of a license except that this information
25-14 may be disclosed to:
25-15 (1) persons involved with the board in a disciplinary
25-16 action against the holder of a license;
25-17 (2) professional perfusionist licensing or
25-18 disciplinary boards in other jurisdictions;
25-19 (3) peer assistance programs approved by the board
25-20 under Chapter 467, Health and Safety Code;
25-21 (4) law enforcement agencies; and
25-22 (5) persons engaged in bona fide research, if all
25-23 individual-identifying information has been deleted.
25-24 (i) The filing of formal charges by the board against a
25-25 holder of a license, the nature of those charges, disciplinary
25-26 proceedings of the board, and final disciplinary actions, including
25-27 warnings and reprimands, by the board are not confidential and are
26-1 subject to disclosure in accordance with Section 552.001 et seq.,
26-2 Government Code.
26-3 In SECTION 12, amend Section 1.12C, Article 4566-1.01 et
26-4 seq., Vernon's Texas Civil Statutes, by adding Subsections (h) and
26-5 (i) to read as follows:
26-6 (h) All information and materials subpoenaed or compiled by
26-7 the committee in connection with a complaint and investigation are
26-8 confidential and not subject to disclosure under Section 552.001 et
26-9 seq., Government Code, and not subject to disclosure, discovery,
26-10 subpoena or other means of legal compulsion for their release to
26-11 anyone other than the committee or its agents or employees who are
26-12 involved in discipline of the holder of a license except that this
26-13 information may be disclosed to:
26-14 (1) persons involved with the committee in a
26-15 disciplinary action against the holder of a license;
26-16 (2) professional licensing or disciplinary boards for
26-17 the fitting and dispensing of hearing instruments in other
26-18 jurisdictions;
26-19 (3) peer assistance programs approved by the board
26-20 under Chapter 467, Health and Safety Code;
26-21 (4) law enforcement agencies; and
26-22 (5) persons engaged in bona fide research, if all
26-23 individual-identifying information has been deleted.
26-24 (i) The filing of formal charges by the committee against a
26-25 holder of a license, the nature of those charges, disciplinary
26-26 proceedings of the committee, and final disciplinary actions,
26-27 including warnings and reprimands, by the committee are not
27-1 confidential and are subject to disclosure in accordance with
27-2 Section 552.001 et seq., Government Code.
27-3 In SECTION 14. amend Section 6A, Article 8920, Revised
27-4 Statutes, by adding Subsections (h) and (i) to read as follows:
27-5 (h) All information and materials subpoenaed or compiled by
27-6 the board in connection with a complaint and investigation are
27-7 confidential and not subject to disclosure under Section 552.001 et
27-8 seq., Government Code, and not subject to disclosure, discovery,
27-9 subpoena, or other means of legal compulsion for their release to
27-10 anyone other than the board or its employees or agents involved in
27-11 discipline of the holder of a license except that this information
27-12 may be disclosed to:
27-13 (1) persons involved with the board in a disciplinary
27-14 action against the holder of a license;
27-15 (2) professional orthotist or prosthetist disciplinary
27-16 boards in other jurisdictions;
27-17 (3) peer assistance programs approved by the board
27-18 under Chapter 467, Health and Safety Code;
27-19 (4) law enforcement agencies; and
27-20 (5) persons engaged in bona fide research, if all
27-21 individual-identifying information has been deleted.
27-22 (i) The filing of formal charges by the board against a
27-23 holder of a license, the nature of those charges, disciplinary
27-24 proceedings of the board, and final disciplinary actions, including
27-25 warnings and reprimands, by the board are not confidential and are
27-26 subject to disclosure in accordance with Section 552.001 et seq.,
27-27 Government Code.
28-1 Add a new SECTION 15 to read as follows, and renumber
28-2 existing SECTIONS 15 and 16 as SECTIONS 16 and 17:
28-3 SECTION 15. The Texas Hospital Licensing Law, Chapter 241,
28-4 Health and Safety Code, is amended by amending Section 241.051 to
28-5 read as follows:
28-6 Section 241.051. INSPECTIONS. (a) The department may make
28-7 an inspection, survey, or investigation that it considers
28-8 necessary. A representative of the department may enter the
28-9 premises of a hospital at any reasonable time to make an
28-10 inspection, a survey, or an investigation to assure compliance with
28-11 or prevent a violation of this chapter, the rules adopted under
28-12 this chapter, an order or special order of the commissioner of
28-13 health, a special license provision, a court order granting
28-14 injunctive relief, or other enforcement procedures. The department
28-15 shall maintain the confidentiality of hospital records as
28-16 applicable under state or federal law.
28-17 (b) The department or a representative of the department is
28-18 entitled to access to all books, records, or other documents
28-19 maintained by or on behalf of the hospital to the extent necessary
28-20 to enforce this chapter, the rules adopted under this chapter, an
28-21 order or special order of the commissioner of health, a special
28-22 license provision, a court order granting injunctive relief, or
28-23 other enforcement procedures.
28-24 (c) By applying for or holding a hospital license, the
28-25 hospital consents to entry and inspection of the hospital by the
28-26 department or a representative of the department in accordance with
28-27 this chapter and the rules adopted under this chapter.
29-1 (d) All information and materials obtained by the department
29-2 in connection with a complaint and investigation concerning a
29-3 hospital are confidential and not subject to disclosure under
29-4 Section 552.001 et seq., Government Code, and not subject to
29-5 disclosure, discovery, subpoena, or other means of legal compulsion
29-6 for their release to anyone other than the department or its
29-7 employees or agents involved in the disciplinary action except that
29-8 this information may be disclosed to:
29-9 (1) persons involved with the department in the
29-10 disciplinary action against the hospital;
29-11 (2) appropriate state or federal agencies that are
29-12 authorized to inspect, survey, or investigate hospitals;
29-13 (3) law enforcement agencies; and
29-14 (4) persons engaged in bona fide research, if all
29-15 individual-identifying and hospital-identifying information has
29-16 been deleted.
29-17 (e) Final actions involving a civil or administrative
29-18 penalty, or injunctive relief, against a hospital are not
29-19 confidential and are subject to disclosure in accordance with
29-20 Section 552.001 et seq., Government Code.
29-21 Gray