By Harris                                              S.B. No. 595
         77R5903 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to access to certain complaints filed with the Texas State
 1-3     Board of Medical Examiners.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 154, Occupations Code, is
 1-6     amended by adding Section 154.0525 to read as follows:
 1-7           Sec. 154.0525.  COMPLAINT CONFIDENTIALITY. Except as
 1-8     otherwise provided by this chapter, the basis of and current status
 1-9     of any complaint under active investigation is confidential.
1-10           SECTION 2. Section 154.054, Occupations Code, is amended to
1-11     read as follows:
1-12           Sec. 154.054.  COMPLAINT INFORMATION TO HEALTH CARE ENTITY.
1-13     On written request, the board shall provide information to a health
1-14     care entity regarding[:]
1-15                 [(1)]  a complaint filed against a license holder that
1-16     was resolved after investigation by[:]
1-17                       [(A)]  a disciplinary order of the board[;] or
1-18                       [(B)]  an agreed settlement[; and]
1-19                 [(2)  the basis of and current status of any complaint
1-20     under active investigation].
1-21           SECTION 3. This Act applies only to a complaint filed with
1-22     the Texas State Board of Medical Examiners on or after the
1-23     effective date of this Act.  A complaint filed before the effective
1-24     date of this Act is governed by the law in effect immediately
 2-1     before the effective date of this Act, and the former law is
 2-2     continued in effect for that purpose.
 2-3           SECTION 4.  This Act takes effect immediately if it receives
 2-4     a vote of two-thirds of all the members elected to each house, as
 2-5     provided by Section 39, Article III, Texas Constitution.  If this
 2-6     Act does not receive the vote necessary for immediate effect, this
 2-7     Act takes effect September 1, 2001.