SRC-CTC S.B. 1301 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1301
2001S0763/1By: Cain
Health & Human Services
3/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, language in the Medical Practice Act does not specifically
provide that certain information maintained by the State Board of Medical
Examiners (board) relating to compliance with an order placed on a
physician is confidential.  The lack of legal protection for compliance
files has resulted in fewer physicians willing to serve as monitoring
physicians, without which the board is limited in its ability to work with
physicians who need improvement.  As proposed, S.B. 1301 provides legal
protection to compliance files by specifically stating that such files are
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 State
Board of Medical Examiners (board) under this subchapter or Subchapter B,
including any material received or developed by the board during a
compliance monitoring, is confidential. 

SECTION 2.  Amends Section 164.007(c), Occupations Code, to provide that
each compliance file in the possession of or received or gathered by the
board or its employees or agents relating to a license holder, and
application for a 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, 201.