1-1     By:  Lindsay                                          S.B. No. 1029
 1-2           (In the Senate - Filed March 1, 2001; March 5, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     April 25, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 25, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1029                  By:  Nelson
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the confidentiality of certain information maintained
1-11     by certain health care providers.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 161.032, Health and Safety Code, is
1-14     amended to read as follows:
1-15           Sec. 161.032.  RECORDS AND PROCEEDINGS CONFIDENTIAL.
1-16     (a)  The records and proceedings of a medical committee are
1-17     confidential and are not subject to court subpoena.
1-18           (b)  Notwithstanding Section 551.002, Government Code, the
1-19     following proceedings may be held in a closed meeting following the
1-20     procedures prescribed by Subchapter E, Chapter 551, Government
1-21     Code:
1-22                 (1)  a [A] proceeding of a medical peer review
1-23     committee, as defined by Section 151.002, Occupations Code [1.03,
1-24     Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-25     Statutes)], or medical committee;[,] or
1-26                 (2)  a meeting of the governing body of a public
1-27     hospital, hospital district, [or] hospital authority, or health
1-28     maintenance organization of a public hospital, hospital authority,
1-29     hospital district, or state-owned teaching hospital at which the
1-30     governing body receives records, information, or reports provided
1-31     by a medical committee, [or] medical peer review committee, or
1-32     compliance officer [is not subject to Chapter 551, Government
1-33     Code].
1-34           (c)  Records, information, or reports of a medical committee,
1-35     [or] medical peer review committee, or compliance officer and
1-36     records, information, or reports provided by a medical committee,
1-37     [or] medical peer review committee, or compliance officer to the
1-38     governing body of a public hospital, hospital district, or hospital
1-39     authority are not subject to disclosure under Chapter 552,
1-40     Government Code.
1-41           (d) [(b)]  The records and proceedings may be used by the
1-42     committee and the committee members only in the exercise of proper
1-43     committee functions.
1-44           (e)  The records, information, and reports received or
1-45     maintained by a compliance officer retain the protection provided
1-46     by this section only if the records, information, or reports are
1-47     received, created, or maintained in the exercise of a proper
1-48     function of the compliance officer as provided by the Office of the
1-49     Inspector General of the United States Department of Health and
1-50     Human Services.
1-51           (f) [(c)]  This section and Subchapter A, Chapter 160,
1-52     Occupations Code [Section 5.06, Medical Practice Act (Article
1-53     4495b, Vernon's Texas Civil Statutes)], do not apply to records
1-54     made or maintained in the regular course of business by a hospital,
1-55     health maintenance organization, medical organization, university
1-56     medical center or health science center, hospital district,
1-57     hospital authority, or extended care facility.
1-58           SECTION 2.  The heading to Subchapter D, Chapter 161, Health
1-59     and Safety Code, is amended to read as follows:
1-60              SUBCHAPTER D.  MEDICAL COMMITTEES, [AND] MEDICAL
1-61               PEER REVIEW COMMITTEES, AND COMPLIANCE OFFICERS
1-62           SECTION 3.  This Act takes effect September 1, 2001.
1-63                                  * * * * *