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. 1-54 * * * * *