1-1     By:  Capelo (Senate Sponsor - Cain)                   H.B. No. 3600
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 7, Nays
 1-6     0; May 11, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 3600                  By:  Carona
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the confidentiality of records regarding the compliance
1-11     monitoring of physicians by the Texas State Board of Medical
1-12     Examiners.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 160.006(a), Occupations Code, is amended
1-15     to read as follows:
1-16           (a)  A record, report, or other information received and
1-17     maintained by the board under this subchapter or Subchapter B,
1-18     including any material received or developed by the board during an
1-19     investigation or hearing and the identity of, and reports made by,
1-20     a physician performing or supervising compliance monitoring for the
1-21     board, is confidential.  The board may disclose this information
1-22     only:
1-23                 (1)  in a disciplinary hearing before the board or in a
1-24     subsequent trial or appeal of a board action or order;
1-25                 (2)  to the physician licensing or disciplinary
1-26     authority of another jurisdiction, to a local, state, or national
1-27     professional medical society or association, or to a medical peer
1-28     review committee located inside or outside this state that is
1-29     concerned with granting, limiting, or denying a physician hospital
1-30     privileges;
1-31                 (3)  under a court order;  or
1-32                 (4)  to qualified personnel for bona fide research or
1-33     educational purposes, if personally identifiable information
1-34     relating to any physician or other individual is first deleted.
1-35           SECTION 2.  Section 164.007(c), Occupations Code, is amended
1-36     to read as follows:
1-37           (c)  Each complaint, adverse report, investigation file,
1-38     other investigation report, and other investigative information in
1-39     the possession of or received or gathered by the board or its
1-40     employees or agents relating to a license holder, an application
1-41     for license, or a criminal investigation or proceeding is
1-42     privileged and confidential and is not subject to discovery,
1-43     subpoena, or other means of legal compulsion for release to anyone
1-44     other than the board or its employees or agents involved in
1-45     discipline of a license holder. For purposes of this subsection,
1-46     investigative information includes information relating to the
1-47     identity of, and a report made by, a physician performing or
1-48     supervising compliance monitoring for the board.
1-49           SECTION 3.  This Act takes effect immediately if it receives
1-50     a vote of two-thirds of all the members elected to each house, as
1-51     provided by Section 39, Article III, Texas Constitution.  If this
1-52     Act does not receive the vote necessary for immediate effect, this
1-53     Act takes effect September 1, 2001.
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