By: Lindsay S.B. No. 1029
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the confidentiality of certain information maintained
1-3 by certain health care providers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 161.032, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 161.032. RECORDS AND PROCEEDINGS CONFIDENTIAL.
1-8 (a) The records and proceedings of a medical committee are
1-9 confidential and are not subject to court subpoena.
1-10 (b) Notwithstanding Section 551.002, Government Code, the
1-11 following proceedings may be held in a closed meeting following the
1-12 procedures prescribed by Subchapter E, Chapter 551, Government
1-14 (1) a [
A] proceeding of a medical peer review
1-15 committee, as defined by Section 151.002, Occupations Code [ 1.03,
1-16 Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-17 Statutes)], or medical committee;[ ,] or
1-18 (2) a meeting of the governing body of a public
1-19 hospital, hospital district, [ or] hospital authority, or health
1-20 maintenance organization of a public hospital, hospital authority,
1-21 hospital district, or state-owned teaching hospital at which the
1-22 governing body receives records, information, or reports provided
1-23 by a medical committee, [ or] medical peer review committee, or
1-24 compliance officer [ is not subject to Chapter 551, Government
2-1 (c) Records, information, or reports of a medical committee,
2-2 [ or] medical peer review committee, or compliance officer and
2-3 records, information, or reports provided by a medical committee,
2-4 [ or] medical peer review committee, or compliance officer to the
2-5 governing body of a public hospital, hospital district, or hospital
2-6 authority are not subject to disclosure under Chapter 552,
2-7 Government Code.
2-8 (d) [ (b)] The records and proceedings may be used by the
2-9 committee and the committee members only in the exercise of proper
2-10 committee functions.
2-11 (e) The records, information, and reports received or
2-12 maintained by a compliance officer retain the protection provided
2-13 by this section only if the records, information, or reports are
2-14 received, created, or maintained in the exercise of a proper
2-15 function of the compliance officer as provided by the Office of
2-16 Inspector General of the United States Department of Health and
2-17 Human Services.
2-18 (f) [ (c)] This section and Subchapter A, Chapter 160,
2-19 Occupations Code [ Section 5.06, Medical Practice Act (Article
2-20 4495b, Vernon's Texas Civil Statutes)], do not apply to records
2-21 made or maintained in the regular course of business by a hospital,
2-22 health maintenance organization, medical organization, university
2-23 medical center or health science center, hospital district,
2-24 hospital authority, or extended care facility.
2-25 SECTION 2. The heading to Subchapter D, Chapter 161, Health
2-26 and Safety Code, is amended to read as follows:
3-1 SUBCHAPTER D. MEDICAL COMMITTEES, [ AND] MEDICAL
3-2 PEER REVIEW COMMITTEES, AND COMPLIANCE OFFICERS
3-3 SECTION 3. This Act takes effect September 1, 2001.