1-1 By: Gray (Senate Sponsor - Lucio) H.B. No. 2824
1-2 (In the Senate - Received from the House May 6, 1999;
1-3 May 7, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the subpoena authority of certain licensing agencies.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Chapter 50, Human Resources Code, is amended by
1-11 adding Section 50.0225 to read as follows:
1-12 Sec. 50.0225. SUBPOENAS. (a) In an investigation of a
1-13 complaint filed with the department and referred to the board, the
1-14 board may issue a subpoena to compel the attendance of a relevant
1-15 witness or the production, for inspection or copying, of relevant
1-16 evidence that is in this state.
1-17 (b) A subpoena may be served personally or by certified
1-18 mail.
1-19 (c) If a person fails to comply with a subpoena, the board,
1-20 acting through the attorney general, may file suit to enforce the
1-21 subpoena in a district court in Travis County or in the county in
1-22 which a hearing conducted by the board may be held.
1-23 (d) On finding that good cause exists for issuing the
1-24 subpoena, the court shall order the person to comply with the
1-25 subpoena. The court may punish a person who fails to obey the
1-26 court order.
1-27 (e) The board may delegate the authority granted under
1-28 Subsection (a) to the executive director or the secretary-treasurer
1-29 of the board.
1-30 (f) The board shall pay a reasonable fee for photocopies
1-31 subpoenaed under this section in an amount not to exceed the amount
1-32 the board may charge for copies of its records.
1-33 (g) The reimbursement of the expenses of a witness whose
1-34 attendance is compelled under this section is governed by Section
1-35 2001.103, Government Code.
1-36 (h) All information and materials subpoenaed or compiled by
1-37 the board in connection with a complaint and investigation are
1-38 confidential and not subject to disclosure under Section 552.001 et
1-39 seq., Government Code, and not subject to disclosure, discovery,
1-40 subpoena, or other means of legal compulsion for their release to
1-41 anyone other than the board or its employees or agents involved in
1-42 discipline of the holder of a license or order of recognition,
1-43 except that this information may be disclosed to:
1-44 (1) persons involved with the board in a disciplinary
1-45 action against the holder of a license or order of recognition;
1-46 (2) professional social work licensing or disciplinary
1-47 boards in other jurisdictions;
1-48 (3) peer assistance programs approved by the board
1-49 under Chapter 467, Health and Safety Code;
1-50 (4) law enforcement agencies; and
1-51 (5) persons engaged in bona fide research, if all
1-52 individual-identifying information has been deleted.
1-53 (i) The filing of formal charges against a holder of a
1-54 license or order of recognition, the nature of those charges,
1-55 disciplinary proceedings of the board, and final disciplinary
1-56 actions, including warnings and reprimands, by the board are not
1-57 confidential and are subject to disclosure in accordance with
1-58 Section 552.001 et seq., Government Code.
1-59 SECTION 2. Chapter 462, Acts of the 68th Legislature,
1-60 Regular Session, 1983 (Article 4413(51), Vernon's Texas Civil
1-61 Statutes), is amended by adding Section 8C to read as follows:
1-62 Sec. 8C. SUBPOENAS. (a) In an investigation of a complaint
1-63 filed with the council, the council may issue a subpoena to compel
1-64 the attendance of a relevant witness or the production, for
2-1 inspection or copying, of relevant evidence that is in this state.
2-2 (b) A subpoena may be served personally or by certified
2-3 mail.
2-4 (c) If a person fails to comply with a subpoena, the
2-5 council, acting through the attorney general, may file suit to
2-6 enforce the subpoena in a district court in Travis County or in the
2-7 county in which a hearing conducted by the council may be held.
2-8 (d) On finding that good cause exists for issuing the
2-9 subpoena, the court shall order the person to comply with the
2-10 subpoena. The court may punish a person who fails to obey the
2-11 court order.
2-12 (e) The council may delegate the authority granted under
2-13 Subsection (a) to the executive director of the council.
2-14 (f) The council shall pay a reasonable fee for photocopies
2-15 subpoenaed under this section in an amount not to exceed the amount
2-16 the council may charge for copies of its records.
2-17 (g) The reimbursement of the expenses of a witness whose
2-18 attendance is compelled under this section is governed by Section
2-19 2001.103, Government Code.
2-20 (h) All information and materials subpoenaed or compiled by
2-21 the council in connection with a complaint and investigation are
2-22 confidential and not subject to disclosure under Section 552.001 et
2-23 seq., Government Code, and not subject to disclosure, discovery,
2-24 subpoena, or other means of legal compulsion for their release to
2-25 anyone other than the council or its employees or agents involved
2-26 in the complaint and investigation, except that this information
2-27 may be disclosed to:
2-28 (1) persons involved with the council in a complaint
2-29 and investigation;
2-30 (2) professional sex offender treatment provider
2-31 licensing or disciplinary boards in other jurisdictions;
2-32 (3) peer assistance programs approved by the board
2-33 under Chapter 467, Health and Safety Code;
2-34 (4) law enforcement agencies; and
2-35 (5) persons engaged in bona fide research, if all
2-36 individual-identifying information has been deleted.
2-37 (i) The filing of formal charges against a person under this
2-38 Act by the council, the nature of those charges, disciplinary
2-39 proceedings of the council, and final disciplinary actions,
2-40 including warnings and reprimands, by the council are not
2-41 confidential and are subject to disclosure in accordance with
2-42 Section 552.001 et seq., Government Code.
2-43 SECTION 3. The Licensed Marriage and Family Therapist Act
2-44 (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
2-45 amending Sections 11B and 11C and adding Section 11D to read as
2-46 follows:
2-47 Sec. 11B. SUBPOENAS. (a) In an investigation of a
2-48 complaint filed with the board, the board may issue a subpoena to
2-49 compel the attendance of a relevant witness or the production, for
2-50 inspection or copying, of relevant evidence that is in this state.
2-51 (b) A subpoena may be served personally or by certified
2-52 mail.
2-53 (c) If a person fails to comply with a subpoena, the board,
2-54 acting through the attorney general, may file suit to enforce the
2-55 subpoena in a district court in Travis County or in the county in
2-56 which a hearing conducted by the board may be held.
2-57 (d) On finding that good cause exists for issuing the
2-58 subpoena, the court shall order the person to comply with the
2-59 subpoena. The court may punish a person who fails to obey the
2-60 court order.
2-61 (e) The board may delegate the authority granted under
2-62 Subsection (a) to the executive director of the board.
2-63 (f) The board shall pay a reasonable fee for photocopies
2-64 subpoenaed under this section in an amount not to exceed the amount
2-65 the board may charge for copies of its records.
2-66 (g) The reimbursement of the expenses of a witness whose
2-67 attendance is compelled under this section is governed by Section
2-68 2001.103, Government Code.
2-69 (h) All information and materials subpoenaed or compiled by
3-1 the board in connection with a complaint and investigation are
3-2 confidential and not subject to disclosure under Section 552.001 et
3-3 seq., Government Code, and not subject to disclosure, discovery,
3-4 subpoena, or other means of legal compulsion for their release to
3-5 anyone other than the board or its employees or agents involved in
3-6 discipline of the holder of a license, except that this information
3-7 may be disclosed to:
3-8 (1) persons involved with the board in a disciplinary
3-9 action against the holder of a license;
3-10 (2) marriage and family therapist licensing or
3-11 disciplinary boards in other jurisdictions;
3-12 (3) peer assistance programs approved by the board
3-13 under Chapter 467, Health and Safety Code;
3-14 (4) law enforcement agencies; and
3-15 (5) persons engaged in bona fide research, if all
3-16 individual-identifying information has been deleted.
3-17 (i) The filing of formal charges by the board against a
3-18 holder of a license, the nature of those charges, disciplinary
3-19 proceedings of the board, and final disciplinary actions, including
3-20 warnings and reprimands, by the board are not confidential and are
3-21 subject to disclosure in accordance with Section 552.001 et seq.,
3-22 Government Code.
3-23 Sec. 11C. INFORMAL PROCEEDINGS. (a) The board by rule
3-24 shall adopt procedures governing:
3-25 (1) informal disposition of a contested case under
3-26 Section 2001.056, Government Code [13(e), Administrative Procedure
3-27 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
3-28 Statutes), and its subsequent amendments]; and
3-29 (2) informal proceedings held in compliance with
3-30 Section 2001.054, Government Code [18(c), Administrative Procedure
3-31 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
3-32 Statutes), and its subsequent amendments].
3-33 (b) Rules adopted under this section must provide the
3-34 complainant and the license holder an opportunity to be heard and
3-35 must require the presence of an attorney to advise the board or
3-36 board's employees. The attorney must be a member of the board's
3-37 legal staff if the board has a legal staff. If the board does not
3-38 have a legal staff, the attorney must be an employee of the office
3-39 of the attorney general.
3-40 Sec. 11D. [11C.] MONITORING OF LICENSE HOLDER. The board by
3-41 rule shall develop a system for monitoring license holders'
3-42 compliance with the requirements of this Act. Rules adopted under
3-43 this section shall include procedures for monitoring a license
3-44 holder who is ordered by the board to perform certain acts to
3-45 ascertain that the license holder performs the required acts and to
3-46 identify and monitor license holders who represent a risk to the
3-47 public.
3-48 SECTION 4. Chapter 498, Acts of the 62nd Legislature,
3-49 Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
3-50 Statutes), is amended by adding Sections 5A and 5B to read as
3-51 follows:
3-52 Sec. 5A. COMPLAINTS. (a) The board shall maintain a file
3-53 on each written complaint filed with the board. The file must
3-54 include:
3-55 (1) the name of the person who filed the complaint;
3-56 (2) the date the complaint is received by the board;
3-57 (3) the subject matter of the complaint;
3-58 (4) the name of each person contacted in relation to
3-59 the complaint;
3-60 (5) a summary of the results of the review or
3-61 investigation of the complaint; and
3-62 (6) an explanation of the reason the file was closed,
3-63 if the board closed the file without taking action other than to
3-64 investigate the complaint.
3-65 (b) The board shall provide to the person filing the
3-66 complaint a copy of the board's policies and procedures relating to
3-67 complaint investigation and resolution.
3-68 (c) The board, at least quarterly until final disposition of
3-69 the complaint, shall notify the person filing the complaint and
4-1 each person who is a subject of the complaint of the status of the
4-2 complaint unless the notice would jeopardize an undercover
4-3 investigation.
4-4 Sec. 5B. SUBPOENAS. (a) In an investigation of a complaint
4-5 filed with the board, the board may issue a subpoena to compel the
4-6 attendance of a relevant witness or the production, for inspection
4-7 or copying, of relevant evidence that is in this state.
4-8 (b) A subpoena may be served personally or by certified
4-9 mail.
4-10 (c) If a person fails to comply with the subpoena, the
4-11 board, acting through the attorney general, may file suit to
4-12 enforce the subpoena in a district court in Travis County or in the
4-13 county in which a hearing conducted by the board may be held.
4-14 (d) On finding that good cause exists for issuing the
4-15 subpoena, the court shall order the person to comply with the
4-16 subpoena. The court may punish a person who fails to obey the
4-17 court order.
4-18 (e) The board may delegate the authority granted under
4-19 Subsection (a) to the secretary-treasurer or executive secretary of
4-20 the board.
4-21 (f) The board shall pay a reasonable fee for photocopies
4-22 subpoenaed under this section in an amount not to exceed the amount
4-23 the board may charge for copies of its records.
4-24 (g) The reimbursement of the expenses of a witness whose
4-25 attendance is compelled under this section is governed by Section
4-26 2001.103, Government Code.
4-27 (h) All information and materials subpoenaed or compiled by
4-28 the board in connection with a complaint and investigation are
4-29 confidential and not subject to disclosure under Section 552.001 et
4-30 seq., Government Code, and not subject to disclosure, discovery,
4-31 subpoena, or other means of legal compulsion for their release to
4-32 anyone other than the board or its employees or agents involved in
4-33 discipline of the holder of a license, except that this information
4-34 may be disclosed to:
4-35 (1) persons involved with the board in a disciplinary
4-36 action against the holder of a license;
4-37 (2) athletic trainer licensing or disciplinary boards
4-38 in other jurisdictions;
4-39 (3) peer assistance programs approved by the board
4-40 under Chapter 467, Health and Safety Code;
4-41 (4) law enforcement agencies; and
4-42 (5) persons engaged in bona fide research, if all
4-43 individual-identifying information has been deleted.
4-44 (i) The filing of formal charges by the board against a
4-45 holder of a license, the nature of those charges, disciplinary
4-46 proceedings of the board, and final disciplinary actions, including
4-47 warnings and reprimands, by the board are not confidential and are
4-48 subject to disclosure in accordance with Section 552.001 et seq.,
4-49 Government Code.
4-50 SECTION 5. The Licensed Professional Counselor Act (Article
4-51 4512g, Vernon's Texas Civil Statutes) is amended by amending
4-52 Sections 16D and 16E and by adding Section 16F to read as follows:
4-53 Sec. 16D. SUBPOENAS. (a) In an investigation of a
4-54 complaint filed with the board, the board may issue a subpoena to
4-55 compel the attendance of a relevant witness or the production, for
4-56 inspection or copying, of relevant evidence that is in this state.
4-57 (b) A subpoena may be served personally or by certified
4-58 mail.
4-59 (c) If a person fails to comply with a subpoena, the board,
4-60 acting through the attorney general, may file suit to enforce the
4-61 subpoena in a district court in Travis County or in the county in
4-62 which a hearing conducted by the board may be held.
4-63 (d) On finding that good cause exists for issuing the
4-64 subpoena, the court shall order the person to comply with the
4-65 subpoena. The court may punish a person who fails to obey the
4-66 court order.
4-67 (e) The board may delegate the authority granted under
4-68 Subsection (a) to the executive secretary of the board.
4-69 (f) The board shall pay a reasonable fee for photocopies
5-1 subpoenaed under this section in an amount not to exceed the amount
5-2 the board may charge for copies of its records.
5-3 (g) The reimbursement of the expenses of a witness whose
5-4 attendance is compelled under this section is governed by Section
5-5 2001.103, Government Code.
5-6 (h) All information and materials subpoenaed or compiled by
5-7 the board in connection with a complaint and investigation are
5-8 confidential and not subject to disclosure under Section 552.001 et
5-9 seq., Government Code, and not subject to disclosure, discovery,
5-10 subpoena, or other means of legal compulsion for their release to
5-11 anyone other than the board or its employees or agents involved in
5-12 discipline of the holder of a license, except that this information
5-13 may be disclosed to:
5-14 (1) persons involved with the board in a disciplinary
5-15 action against the holder of a license;
5-16 (2) professional counselor licensing or disciplinary
5-17 boards in other jurisdictions;
5-18 (3) peer assistance programs approved by the board
5-19 under Chapter 467, Health and Safety Code;
5-20 (4) law enforcement agencies; and
5-21 (5) persons engaged in bona fide research, if all
5-22 individual-identifying information has been deleted.
5-23 (i) The filing of formal charges by the board against a
5-24 holder of a license, the nature of those charges, disciplinary
5-25 proceedings of the board, and final disciplinary actions, including
5-26 warnings and reprimands, by the board are not confidential and are
5-27 subject to disclosure in accordance with Section 552.001 et seq.,
5-28 Government Code.
5-29 Sec. 16E. INFORMAL PROCEEDINGS. (a) The board by rule
5-30 shall adopt procedures governing:
5-31 (1) informal disposition of a contested case under
5-32 Section 2001.056, Government Code [13(e), Administrative Procedure
5-33 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
5-34 Statutes), and its subsequent amendments]; and
5-35 (2) informal proceedings held in compliance with
5-36 Section 2001.054, Government Code [18(c), Administrative Procedure
5-37 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
5-38 Statutes), and its subsequent amendments].
5-39 (b) Rules adopted under this section must provide the
5-40 complainant and the licensee an opportunity to be heard and must
5-41 require the presence of a representative of the department's legal
5-42 staff or the attorney general's office to advise the board or
5-43 board's employees.
5-44 Sec. 16F. [16E.] MONITORING OF LICENSEES. The board by rule
5-45 shall develop a system for monitoring licensees' compliance with
5-46 the requirements of this Act. Rules adopted under this section
5-47 shall include procedures for monitoring a licensee who is ordered
5-48 by the board to perform certain acts to ascertain that the licensee
5-49 performs the required acts and to identify and monitor licensees
5-50 who represent a risk to the public.
5-51 SECTION 6. The Licensed Dietitian Act (Article 4512h,
5-52 Vernon's Texas Civil Statutes) is amended by amending Sections 16C
5-53 and 16D and by adding Section 16E to read as follows:
5-54 Sec. 16C. SUBPOENAS. (a) In an investigation of a
5-55 complaint filed with the board, the board may issue a subpoena to
5-56 compel the attendance of a relevant witness or the production, for
5-57 inspection or copying, of relevant evidence that is in this state.
5-58 (b) A subpoena may be served personally or by certified
5-59 mail.
5-60 (c) If a person fails to comply with a subpoena, the board,
5-61 acting through the attorney general, may file suit to enforce the
5-62 subpoena in a district court in Travis County or in the county in
5-63 which a hearing conducted by the board may be held.
5-64 (d) On finding that good cause exists for issuing the
5-65 subpoena, the court shall order the person to comply with the
5-66 subpoena. The court may punish a person who fails to obey the
5-67 court order.
5-68 (e) The board may delegate the authority granted under
5-69 Subsection (a) to the executive secretary of the board.
6-1 (f) The board shall pay a reasonable fee for photocopies
6-2 subpoenaed under this section in an amount not to exceed the amount
6-3 the board may charge for copies of its records.
6-4 (g) The reimbursement of the expenses of a witness whose
6-5 attendance is compelled under this section is governed by Section
6-6 2001.103, Government Code.
6-7 (h) All information and materials subpoenaed or compiled by
6-8 the board in connection with a complaint and investigation are
6-9 confidential and not subject to disclosure under Section 552.001 et
6-10 seq., Government Code, and not subject to disclosure, discovery,
6-11 subpoena, or other means of legal compulsion for their release to
6-12 anyone other than the board or its employees or agents involved in
6-13 discipline of the holder of a license, except that this information
6-14 may be disclosed to:
6-15 (1) persons involved with the board in a disciplinary
6-16 action against the holder of a license;
6-17 (2) professional dietitian licensing or disciplinary
6-18 boards in other jurisdictions;
6-19 (3) peer assistance programs approved by the board
6-20 under Chapter 467, Health and Safety Code;
6-21 (4) law enforcement agencies; and
6-22 (5) persons engaged in bona fide research, if all
6-23 individual-identifying information has been deleted.
6-24 (i) The filing of formal charges by the board against a
6-25 holder of a license, the nature of those charges, disciplinary
6-26 proceedings of the board, and final disciplinary actions, including
6-27 warnings and reprimands, by the board are not confidential and are
6-28 subject to disclosure in accordance with Section 552.001 et seq.,
6-29 Government Code.
6-30 Sec. 16D. INFORMAL PROCEEDINGS. (a) The board by rule
6-31 shall adopt procedures governing:
6-32 (1) informal disposition of a contested case under
6-33 Section 2001.056, Government Code [13(e), Administrative Procedure
6-34 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
6-35 Statutes), and its subsequent amendments]; and
6-36 (2) informal proceedings held in compliance with
6-37 Section 2001.054, Government Code [18(c), Administrative Procedure
6-38 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
6-39 Statutes), and its subsequent amendments].
6-40 (b) Rules adopted under this section must provide the
6-41 complainant and the licensee an opportunity to be heard and must
6-42 require the presence of a representative of the office of the
6-43 attorney general or the board's legal counsel to advise the board
6-44 or board's employees.
6-45 Sec. 16E. [16D.] MONITORING OF LICENSEE. The board by rule
6-46 shall develop a system for monitoring a licensee's compliance with
6-47 the requirements of this Act. Rules adopted under this section
6-48 shall include procedures for monitoring a licensee who is ordered
6-49 by the board to perform certain acts to ascertain that the licensee
6-50 performs the required acts and to identify and monitor licensees
6-51 who represent a risk to the public.
6-52 SECTION 7. Section 5(b), Chapter 381, Acts of the 68th
6-53 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
6-54 Civil Statutes), is amended to read as follows:
6-55 (b) With the assistance of the department, the board shall
6-56 administer, coordinate, and enforce the provisions of this Act;
6-57 evaluate the qualifications of applicants; provide for the
6-58 examination of applicants; and, in connection with a hearing under
6-59 Section 19 of this Act, issue subpoenas, examine witnesses, and
6-60 administer oaths under the laws of the State of Texas.
6-61 SECTION 8. Chapter 381, Acts of the 68th Legislature,
6-62 Regular Session, 1983 (Article 4512j, Vernon's Texas Civil
6-63 Statutes), is amended by adding Section 24A to read as follows:
6-64 Sec. 24A. SUBPOENAS. (a) In an investigation of a
6-65 complaint filed with the board, the board may issue a subpoena to
6-66 compel the attendance of a relevant witness or the production, for
6-67 inspection or copying, of relevant evidence that is in this state.
6-68 (b) A subpoena may be served personally or by certified
6-69 mail.
7-1 (c) If a person fails to comply with a subpoena, the board,
7-2 acting through the attorney general, may file suit to enforce the
7-3 subpoena in a district court in Travis County or in the county in
7-4 which a hearing conducted by the board may be held.
7-5 (d) On finding that good cause exists for issuing the
7-6 subpoena, the court shall order the person to comply with the
7-7 subpoena. The court may punish a person who fails to obey the
7-8 court order.
7-9 (e) The board may delegate the authority granted under
7-10 Subsection (a) to the secretary-treasurer of the board.
7-11 (f) The board shall pay a reasonable fee for photocopies
7-12 subpoenaed under this section in an amount not to exceed the amount
7-13 the board may charge for copies of its records.
7-14 (g) The reimbursement of the expenses of a witness whose
7-15 attendance is compelled under this section is governed by Section
7-16 2001.103, Government Code.
7-17 (h) All information and materials subpoenaed or compiled by
7-18 the board in connection with a complaint and investigation are
7-19 confidential and not subject to disclosure under Section 552.001 et
7-20 seq., Government Code, and not subject to disclosure, discovery,
7-21 subpoena, or other means of legal compulsion for their release to
7-22 anyone other than the board or its employees or agents involved in
7-23 discipline of the holder of a license, except that this information
7-24 may be disclosed to:
7-25 (1) persons involved with the board in a disciplinary
7-26 action against the holder of a license;
7-27 (2) professional speech-language pathologist and
7-28 audiologist licensing or disciplinary boards in other
7-29 jurisdictions;
7-30 (3) peer assistance programs approved by the board
7-31 under Chapter 467, Health and Safety Code;
7-32 (4) law enforcement agencies; and
7-33 (5) persons engaged in bona fide research, if all
7-34 individual-identifying information has been deleted.
7-35 (i) The filing of formal charges by the board against a
7-36 holder of a license, the nature of those charges, disciplinary
7-37 proceedings of the board, and final disciplinary actions, including
7-38 warnings and reprimands, by the board are not confidential and are
7-39 subject to disclosure in accordance with Section 552.001 et seq.,
7-40 Government Code.
7-41 SECTION 9. The Texas Medical Physics Practice Act (Article
7-42 4512n, Vernon's Texas Civil Statutes) is amended by adding Sections
7-43 11A and 11B to read as follows:
7-44 Sec. 11A. COMPLAINTS. (a) The board shall maintain a file
7-45 on each written complaint filed with the board. The file must
7-46 include:
7-47 (1) the name of the person who filed the complaint;
7-48 (2) the date the complaint is received by the board;
7-49 (3) the subject matter of the complaint;
7-50 (4) the name of each person contacted in relation to
7-51 the complaint;
7-52 (5) a summary of the results of the review or
7-53 investigation of the complaint; and
7-54 (6) an explanation of the reason the file was closed,
7-55 if the board closed the file without taking action other than to
7-56 investigate the complaint.
7-57 (b) The board shall provide to the person filing the
7-58 complaint a copy of the board's policies and procedures relating to
7-59 complaint investigation and resolution.
7-60 (c) The board, at least quarterly until final disposition of
7-61 the complaint, shall notify the person filing the complaint and
7-62 each person who is a subject of the complaint of the status of the
7-63 complaint unless the notice would jeopardize an undercover
7-64 investigation.
7-65 Sec. 11B. SUBPOENAS. (a) In an investigation of a
7-66 complaint filed with the board, the board may issue a subpoena to
7-67 compel the attendance of a relevant witness or the production, for
7-68 inspection or copying, of relevant evidence that is in this state.
7-69 (b) A subpoena may be served personally or by certified
8-1 mail.
8-2 (c) If a person fails to comply with a subpoena, the board,
8-3 acting through the attorney general, may file suit to enforce the
8-4 subpoena in a district court in Travis County or in the county in
8-5 which a hearing conducted by the board may be held.
8-6 (d) On finding that good cause exists for issuing the
8-7 subpoena, the court shall order the person to comply with the
8-8 subpoena. The court may punish a person who fails to obey the
8-9 court order.
8-10 (e) The board may delegate the authority granted under
8-11 Subsection (a) to the executive secretary of the board.
8-12 (f) The board shall pay a reasonable fee for photocopies
8-13 subpoenaed under this section in an amount not to exceed the amount
8-14 the board may charge for copies of its records.
8-15 (g) The reimbursement of the expenses of a witness whose
8-16 attendance is compelled under this section is governed by Section
8-17 2001.103, Government Code.
8-18 (h) All information and materials subpoenaed or compiled by
8-19 the board in connection with a complaint and investigation are
8-20 confidential and not subject to disclosure under Section 552.001 et
8-21 seq., Government Code, and not subject to disclosure, discovery,
8-22 subpoena, or other means of legal compulsion for their release to
8-23 anyone other than the board or its agents or employees who are
8-24 involved in discipline of the holder of a license, except that this
8-25 information may be disclosed to:
8-26 (1) persons involved with the board in a disciplinary
8-27 action against the holder of a license;
8-28 (2) professional medical physics licensing or
8-29 disciplinary boards in other jurisdictions;
8-30 (3) peer assistance programs approved by the board
8-31 under Chapter 467, Health and Safety Code;
8-32 (4) law enforcement agencies; and
8-33 (5) persons engaged in bona fide research, if all
8-34 individual-identifying information has been deleted.
8-35 (i) The filing of formal charges by the board against a
8-36 holder of a license, the nature of those charges, disciplinary
8-37 proceedings of the board, and final disciplinary actions, including
8-38 warnings and reprimands, by the board are not confidential and are
8-39 subject to disclosure in accordance with Section 552.001 et seq.,
8-40 Government Code.
8-41 SECTION 10. The Licensed Perfusionists Act (Article 4529e,
8-42 Revised Statutes) is amended by adding Section 19A to read as
8-43 follows:
8-44 Sec. 19A. SUBPOENAS. (a) In an investigation of a
8-45 complaint filed with the board, the board may issue a subpoena to
8-46 compel the attendance of a relevant witness or the production, for
8-47 inspection or copying, of relevant evidence that is in this state.
8-48 (b) A subpoena may be served personally or by certified
8-49 mail.
8-50 (c) If a person fails to comply with a subpoena, the board,
8-51 acting through the attorney general, may file suit to enforce the
8-52 subpoena in a district court in Travis County or in the county in
8-53 which a hearing conducted by the board may be held.
8-54 (d) On finding that good cause exists for issuing the
8-55 subpoena, the court shall order the person to comply with the
8-56 subpoena. The court may punish a person who fails to obey the
8-57 court order.
8-58 (e) The board may delegate the authority granted under
8-59 Subsection (a) to the executive secretary of the board.
8-60 (f) The board shall pay a reasonable fee for photocopies
8-61 subpoenaed under this section in an amount not to exceed the amount
8-62 the board may charge for copies of its records.
8-63 (g) The reimbursement of the expenses of a witness whose
8-64 attendance is compelled under this section is governed by Section
8-65 2001.103, Government Code.
8-66 (h) All information and materials subpoenaed or compiled by
8-67 the board in connection with a complaint and investigation are
8-68 confidential and not subject to disclosure under Section 552.001 et
8-69 seq., Government Code, and not subject to disclosure, discovery,
9-1 subpoena, or other means of legal compulsion for their release to
9-2 anyone other than the board or its agents or employees involved in
9-3 discipline of the holder of a license, except that this information
9-4 may be disclosed to:
9-5 (1) persons involved with the board in a disciplinary
9-6 action against the holder of a license;
9-7 (2) professional perfusionist licensing or
9-8 disciplinary boards in other jurisdictions;
9-9 (3) peer assistance programs approved by the board
9-10 under Chapter 467, Health and Safety Code;
9-11 (4) law enforcement agencies; and
9-12 (5) persons engaged in bona fide research, if all
9-13 individual-identifying information has been deleted.
9-14 (i) The filing of formal charges by the board against a
9-15 holder of a license, the nature of those charges, disciplinary
9-16 proceedings of the board, and final disciplinary actions, including
9-17 warnings and reprimands, by the board are not confidential and are
9-18 subject to disclosure in accordance with Section 552.001 et seq.,
9-19 Government Code.
9-20 SECTION 11. Section 1.04(c), Chapter 366, Acts of the 61st
9-21 Legislature, Regular Session, 1969 (Article 4566-1.04, Vernon's
9-22 Texas Civil Statutes), is amended to read as follows:
9-23 (c) With the assistance of the department, the committee
9-24 shall:
9-25 (1) administer, coordinate, and enforce the provisions
9-26 of this Act;
9-27 (2) evaluate the qualifications of applicants;
9-28 (3) examine applicants; and
9-29 (4) in connection with a hearing under Section 1.11 of
9-30 this Act, issue subpoenas, examine witnesses, and administer oaths
9-31 under the laws of this state.
9-32 SECTION 12. Chapter 366, Acts of the 61st Legislature,
9-33 Regular Session, 1969 (Article 4566-1.01 et seq., Vernon's Texas
9-34 Civil Statutes), is amended by adding Section 1.12C to read as
9-35 follows:
9-36 Sec. 1.12C. SUBPOENAS. (a) In an investigation of a
9-37 complaint filed with the committee, the committee may issue a
9-38 subpoena to compel the attendance of a relevant witness or the
9-39 production, for inspection or copying, of relevant evidence that is
9-40 in this state.
9-41 (b) A subpoena may be served personally or by certified
9-42 mail.
9-43 (c) If a person fails to comply with a subpoena, the
9-44 committee, acting through the attorney general, may file suit to
9-45 enforce the subpoena in a district court in Travis County or in the
9-46 county in which a hearing conducted by the committee may be held.
9-47 (d) On finding that good cause exists for issuing the
9-48 subpoena, the court shall order the person to comply with the
9-49 subpoena. The court may punish a person who fails to obey the
9-50 court order.
9-51 (e) The committee may delegate the authority granted under
9-52 Subsection (a) to the president or the vice-president of the
9-53 committee.
9-54 (f) The committee shall pay a reasonable fee for photocopies
9-55 subpoenaed under this section in an amount not to exceed the amount
9-56 the committee may charge for copies of its records.
9-57 (g) The reimbursement of the expenses of a witness whose
9-58 attendance is compelled under this section is governed by Section
9-59 2001.103, Government Code.
9-60 (h) All information and materials subpoenaed or compiled by
9-61 the committee in connection with a complaint and investigation are
9-62 confidential and not subject to disclosure under Section 552.001 et
9-63 seq., Government Code, and not subject to disclosure, discovery,
9-64 subpoena, or other means of legal compulsion for their release to
9-65 anyone other than the committee or its agents or employees who are
9-66 involved in discipline of the holder of a license, except that this
9-67 information may be disclosed to:
9-68 (1) persons involved with the committee in a
9-69 disciplinary action against the holder of a license;
10-1 (2) professional licensing or disciplinary boards for
10-2 the fitting and dispensing of hearing instruments in other
10-3 jurisdictions;
10-4 (3) peer assistance programs approved by the board
10-5 under Chapter 467, Health and Safety Code;
10-6 (4) law enforcement agencies; and
10-7 (5) persons engaged in bona fide research, if all
10-8 individual-identifying information has been deleted.
10-9 (i) The filing of formal charges by the committee against a
10-10 holder of a license, the nature of those charges, disciplinary
10-11 proceedings of the committee, and final disciplinary actions,
10-12 including warnings and reprimands, by the committee are not
10-13 confidential and are subject to disclosure in accordance with
10-14 Section 552.001 et seq., Government Code.
10-15 SECTION 13. Section 5(d), Orthotics and Prosthetics Act
10-16 (Article 8920, Revised Statutes), is amended to read as follows:
10-17 (d) The board may:
10-18 (1) investigate complaints;
10-19 (2) issue, suspend, deny, and revoke licenses;
10-20 (3) reprimand license holders and place license
10-21 holders on probation;
10-22 (4) in connection with a hearing under Section 33 of
10-23 this Act, issue subpoenas; and
10-24 (5) hold hearings.
10-25 SECTION 14. The Orthotics and Prosthetics Act (Article 8920,
10-26 Revised Statutes) is amended by adding Section 6A to read as
10-27 follows:
10-28 Sec. 6A. SUBPOENAS. (a) In an investigation of a complaint
10-29 filed with the board, the board may issue a subpoena to compel the
10-30 attendance of a relevant witness or the production, for inspection
10-31 or copying, of relevant evidence that is in this state.
10-32 (b) A subpoena may be served personally or by certified
10-33 mail.
10-34 (c) If a person fails to comply with a subpoena, the board,
10-35 acting through the attorney general, may file suit to enforce the
10-36 subpoena in a district court in Travis County or in the county in
10-37 which a hearing conducted by the board may be held.
10-38 (d) On finding that good cause exists for issuing the
10-39 subpoena, the court shall order the person to comply with the
10-40 subpoena. The court may punish a person who fails to obey the
10-41 court order.
10-42 (e) The board may delegate the authority granted under
10-43 Subsection (a) to the executive director of the board.
10-44 (f) The board shall pay a reasonable fee for photocopies
10-45 subpoenaed under this section in an amount not to exceed the amount
10-46 the board may charge for copies of its records.
10-47 (g) The reimbursement of the expenses of a witness whose
10-48 attendance is compelled under this section is governed by Section
10-49 2001.103, Government Code.
10-50 (h) All information and materials subpoenaed or compiled by
10-51 the board in connection with a complaint and investigation are
10-52 confidential and not subject to disclosure under Section 552.001 et
10-53 seq., Government Code, and not subject to disclosure, discovery,
10-54 subpoena, or other means of legal compulsion for their release to
10-55 anyone other than the board or its employees or agents involved in
10-56 discipline of the holder of a license, except that this information
10-57 may be disclosed to:
10-58 (1) persons involved with the board in a disciplinary
10-59 action against the holder of a license;
10-60 (2) professional orthotist or prosthetist disciplinary
10-61 boards in other jurisdictions;
10-62 (3) peer assistance programs approved by the board
10-63 under Chapter 467, Health and Safety Code;
10-64 (4) law enforcement agencies; and
10-65 (5) persons engaged in bona fide research, if all
10-66 individual-identifying information has been deleted.
10-67 (i) The filing of formal charges by the board against a
10-68 holder of a license, the nature of those charges, disciplinary
10-69 proceedings of the board, and final disciplinary actions, including
11-1 warnings and reprimands, by the board are not confidential and are
11-2 subject to disclosure in accordance with Section 552.001 et seq.,
11-3 Government Code.
11-4 SECTION 15. Section 241.051, Health and Safety Code, is
11-5 amended to read as follows:
11-6 Sec. 241.051. INSPECTIONS. (a) The department may make any
11-7 inspection, survey, or investigation that it considers necessary.
11-8 A representative of the department may enter the premises of a
11-9 hospital at any reasonable time to make an inspection, a survey, or
11-10 an investigation to assure compliance with or prevent a violation
11-11 of this chapter, the rules adopted under this chapter, an order or
11-12 special order of the commissioner of health, a special license
11-13 provision, a court order granting injunctive relief, or other
11-14 enforcement procedures. The department shall maintain the
11-15 confidentiality of hospital records as applicable under state or
11-16 federal law.
11-17 (b) The department or a representative of the department is
11-18 entitled to access to all books, records, or other documents
11-19 maintained by or on behalf of the hospital to the extent necessary
11-20 to enforce this chapter, the rules adopted under this chapter, an
11-21 order or special order of the commissioner of health, a special
11-22 license provision, a court order granting injunctive relief, or
11-23 other enforcement procedures.
11-24 (c) By applying for or holding a hospital license, the
11-25 hospital consents to entry and inspection of the hospital by the
11-26 department or a representative of the department in accordance with
11-27 this chapter and the rules adopted under this chapter.
11-28 (d) All information and materials obtained by the department
11-29 in connection with a complaint and investigation concerning a
11-30 hospital are confidential and not subject to disclosure under
11-31 Section 552.001 et seq., Government Code, and not subject to
11-32 disclosure, discovery, subpoena, or other means of legal compulsion
11-33 for their release to anyone other than the department or its
11-34 employees or agents involved in the disciplinary action, except
11-35 that this information may be disclosed to:
11-36 (1) persons involved with the department in the
11-37 disciplinary action against the hospital;
11-38 (2) appropriate state or federal agencies that are
11-39 authorized to inspect, survey, or investigate hospitals;
11-40 (3) law enforcement agencies; and
11-41 (4) persons engaged in bona fide research, if all
11-42 individual-identifying and hospital-identifying information has
11-43 been deleted.
11-44 (e) Final actions involving a civil or administrative
11-45 penalty, or injunctive relief, against a hospital are not
11-46 confidential and are subject to disclosure in accordance with
11-47 Section 552.001 et seq., Government Code.
11-48 SECTION 16. The change in law made by this Act applies only
11-49 to a complaint filed on or after the effective date of the Act. A
11-50 complaint filed before the effective date of this Act is governed
11-51 by the law in effect on the date the complaint was filed, and the
11-52 former law is continued in effect for that purpose.
11-53 SECTION 17. The importance of this legislation and the
11-54 crowded condition of the calendars in both houses create an
11-55 emergency and an imperative public necessity that the
11-56 constitutional rule requiring bills to be read on three several
11-57 days in each house be suspended, and this rule is hereby suspended,
11-58 and that this Act take effect and be in force from and after its
11-59 passage, and it is so enacted.
11-60 * * * * *