SRC-MSY, MLC, AMY S.B. 211 78(R) BILL ANALYSIS
Senate Research Center S.B. 211
78R2320 JMM-FBy: Carona
Health and Human Services
2/17/2003
As Filed
DIGEST AND PURPOSE
Currently, Chapter 201, Occupations Code, does not provide specific
guidelines regarding the public's access to files for open investigations
of licensed chiropractors. A license holder is therefore able, either
solely or through the license holder's attorney, to request and receive
for review the information obtained about the license holder's case while
an investigation of the license holder is underway. In addition, Section
201.355(a), Occupations Code, allows the Texas Board of Chiropractic
Examiners (board) to renew without reexamination the license of a license
holder whose license in this state has expired, but who has moved to
another state, is currently licensed in the other state, and has been in
practice in that other state for the two years prior to the application;
current Texas law does not extend similar privileges to a license holder
who has moved to a foreign country.
As proposed, S.B. 211 would limit public access to certain board records
even for certain legal actions during the course of a license holder
investigation. S.B. 211 would not prevent the public from obtaining such
records once an investigation has been completed. S.B. 211 further
extends the ability to renew an expired license without reexamination to
a license holder whose licensed has expired, but who has moved to another
country, is currently licensed in the other country, has been in practice
in that other country for the two years prior to the application and is in
good standing there. S.B. 211 will repeal Section 201.303(b), Occupations
Code, which requires a person to complete certain courses with a grade of
75 percent or better in order to apply for a license to practice
chiropractic.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 201E, Occupations Code, by adding Section
201.206, as follows:
Sec. 201.206. CONFIDENTIALITY OF INVESTIGATION FILES. (a) Specifies the
confidentiality and privileged nature of the Texas Board of Chiropractic
Examiners' (board) investigation files. Exempts such files from legal
compulsion for release other than to certain individuals.
(b) Authorizes the board, upon completion of an investigation, to release
information in the investigation file to the license holder under
investigation and certain other regulatory and law enforcement agencies.
Provides that the board is not required to disclose information protected
by a privilege under the Texas Rules of Civil Procedure or the Texas Rules
of Evidence.
(c) Authorizes the board, notwithstanding Subsection (a), to disclose a
complaint to the affected license holder and, if deemed by the board to be
necessary to the investigation, to provide the license holder's response
to the complaint.
(d) Provides that the board or other party in a disciplinary action is
not prohibited from providing certain documents from an investigation for
evidence in a contested case under Chapter 2001, Government Code.
SECTION 2. Amends Section 201.355(a), Occupations Code, to authorize the
board to renew without reexamination the license of a person whose license
in this state has expired, who has moved to a foreign country, who is
licensed in the foreign country, and who has been practicing there for the
two years prior to the application. Provides that license holders who
have moved either to a foreign country or to another state also be in good
standing in their present regions in order to have the board renew their
licenses without reexamination.
SECTION 3. Repealer: Section 201.303 (b), Occupations Code (Educational
Requirements requiring completion of certain courses with a grade of 75
percent or better).
SECTION 4. Effective date: September 1, 2003
Makes application of Section 201.206 and Section 201.355 (a),
Occupations Code, as added by this Act, prospective.