77R10319 JMM-F                           
         By Capelo                                             H.B. No. 3600
         Substitute the following for H.B. No. 3600:
         By Capelo                                         C.S.H.B. No. 3600
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the confidentiality of records regarding the compliance
 1-3     monitoring of physicians by the Texas State Board of Medical
 1-4     Examiners.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 160.006(a), Occupations Code, is amended
 1-7     to read as follows:
 1-8           (a)  A record, report, or other information received and
 1-9     maintained by the board under this subchapter or Subchapter B,
1-10     including any material received or developed by the board during an
1-11     investigation or hearing or for compliance monitoring, is
1-12     confidential.  The board may disclose this information only:
1-13                 (1)  in a disciplinary hearing before the board or in a
1-14     subsequent trial or appeal of a board action or order;
1-15                 (2)  to the physician licensing or disciplinary
1-16     authority of another jurisdiction, to a local, state, or national
1-17     professional medical society or association, or to a medical peer
1-18     review committee located inside or outside this state that is
1-19     concerned with granting, limiting, or denying a physician hospital
1-20     privileges;
1-21                 (3)  under a court order;  or
1-22                 (4)  to qualified personnel for bona fide research or
1-23     educational purposes, if personally identifiable information
1-24     relating to any physician or other individual is first deleted.
 2-1           SECTION 2.  Section 164.007(c), Occupations Code, is amended
 2-2     to read as follows:
 2-3           (c)  Each complaint, adverse report, compliance file,
 2-4     investigation file, other investigation report, and other
 2-5     investigative information in the possession of or received or
 2-6     gathered by the board or its employees or agents relating to a
 2-7     license holder, an application for license, or a criminal
 2-8     investigation or proceeding is privileged and confidential and is
 2-9     not subject to discovery, subpoena, or other means of legal
2-10     compulsion for release to anyone other than the board or its
2-11     employees or agents involved in discipline of a license holder.
2-12           SECTION 3.  This Act takes effect immediately if it receives
2-13     a vote of two-thirds of all the members elected to each house, as
2-14     provided by Section 39, Article III, Texas Constitution.  If this
2-15     Act does not receive the vote necessary for immediate effect, this
2-16     Act takes effect September 1, 2001.