By Capelo H.B. No. 3600
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the compliance monitoring of physicians by the Texas
1-3 State Board of Medical Examiners.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 160.006, Occupations Code, is amended as
1-6 follows:
1-7 Sec. 160.006. Board Confidentiality. (a) A record, report,
1-8 or other information received and maintained by the board under
1-9 this subchapter or Subchapter B including any material received or
1-10 developed by the board during an investigation [or] hearing, or
1-11 compliance monitoring, is confidential. The board may disclose
1-12 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 committee located inside or outside this state that is concerned
1-19 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
2-1 relating to any physician or other individual is first deleted.
2-2 (b) Any known hospital suspension of a physician for a term
2-3 of 30 days or longer relating to the physician's competence and a
2-4 disciplinary order of the board against a physician are not
2-5 confidential.
2-6 (c) A record or report disclosed by the board under this
2-7 subchapter and a record or report received, maintained, or
2-8 developed by the board, a medical peer review committee, a member
2-9 of the committee, or a health care entity are not available for
2-10 discovery or court subpoena and may not be introduced into evidence
2-11 in any action for damages, including a medical professional
2-12 liability action that arises out of the provision of or failure to
2-13 provide a medical or health care service.
2-14 SECTION 2. Section 164.007. Occupations Code is amended to
2-15 read as follows.
2-16 Sec. 164.007. Administrative Hearings; Confidentiality
2-17 Issues.
2-18 (c) Each complaint, adverse report, investigation file,
2-19 other investigation report, compliance file, and other
2-20 investigative information in the possession of or received or
2-21 gathered by the board or its employees or agents relating to a
2-22 license holder, an application for license, or a criminal
2-23 investigation or proceeding is privileged and confidential and is
2-24 not subject to discovery, subpoena, or other means of legal
2-25 compulsion for release to anyone other than the board or its
2-26 employees or agents involved in discipline of a license holder.
3-1 SECTION 3. This Act takes effect immediately if it receives
3-2 a vote of two-thirds of all the members elected to each house, as
3-3 provided by Section 39, Article III, Texas Constitution. If this
3-4 Act does not receive the vote necessary for immediate effect, this
3-5 Act takes effect September 1, 2001.