SRC-JEC H.B. 3600 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3600
77R10319 JMM-FBy: Capelo (Cain)
Health & Human Services
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Once a physician is determined to have violated the Medical Practice Act,
the physician may be placed under restrictions and requirements by order of
the Texas State Board of Medical Examiners (board). These requirements and
restrictions provide guidelines that protect the public but also allow the
physician to improve his or her performance. The physician is monitored by
a board investigator to ensure that the physician is complying with the
terms of the board's order. The monitoring process may also involve a
review by another physician. All reports filed by the investigator or the
monitoring physician along with drug and alcohol screenings are maintained
by the board in a compliance file. Current law does not specifically state
that a compliance file must be kept confidential. H.B. 3600 specifies that
information related to compliance monitoring of physicians is confidential.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 160.006(a), Occupations Code, to provide that a
record, report, or other information received and maintained by the Texas
State Board of Medical Examiners (board) under this subchapter or
Subchapter B, including any material received or developed by the board for
compliance monitoring, is confidential. 

SECTION 2.  Amends Section 164.007(c), Occupations Code, to provide that a
compliance file in the possession of or received or gathered by the board
or its employees or agents relating to a license holder, an application for
license, or a criminal investigation or proceeding is privileged and
confidential and is not subject to discovery, subpoena, or other means of
legal compulsion for release to anyone other than the board or its
employees or agents involved in discipline of a license holder. 

SECTION 3.  Effective date: upon passage or September 1, 2001.