SRC-AMY C.S.S.B. 211 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 211
78R6001 JMM-FBy: Carona
Health & Human Services
2-26-2003
Committee Report (Substituted)

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 (TBCE) 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.   

C.S.S.B. 211 would limit public access to certain TBCE records even for
certain legal actions during the course of a license holder investigation.
C.S.S.B. 211 would not prevent the public from obtaining such records once
an investigation has been completed.  C.S.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.  C.S.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' (TBCE) investigation files. Exempts such files from legal
compulsion for release other than to certain individuals.  

(b) Requires TBCE, upon completion of an investigation, to provide
information in the investigation file to the license holder under
investigation. Requires TBCE, on request, to share information in
investigation files with certain other regulatory and law enforcement
agencies regardless of whether the investigation has been completed.
Provides that TBCE is not required, under this subsection, to disclose
information protected by a privilege under the Texas Rules of Civil
Procedure or the Texas Rules of Evidence. 

(c) Authorizes TBCE, 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 TBCE 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 TBCE
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 TBCE 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. 

SUMMARY OF COMMITTEE CHANGES

Differs from the original in SECTION 1 (Section 201.206(b), Occupations
Code) by requiring, instead of authorizing, the Texas Board of
Chiropractic Examiners (TBCE) to provide information to the license holder
under investigation, at the completion of the investigation.  Differs from
the original in SECTION 1 (Section 201.206(b), Occupations Code) by
requiring, instead of authorizing, TBCE to share information with certain
other regulatory and law enforcement agencies regardless of whether the
investigation has been completed.  Differs from the original in SECTION 1
(Section 201.206(b), Occupations Code) by limiting to this subsection the
TBCE's exemption from disclosing certain information.