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
1-22 (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
1-34 (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 * * * * *