SRC-AMY, VRA S.B. 1574 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1574
By: Carona
State Affairs
4/3/2003
As Filed


DIGEST AND PURPOSE 

Under current law, the Texas Workers' Compensation Commission (TWCC) is
required to work with both the Texas State Board of Medical Examiners
(TSBME) and the Texas State Board of Chiropractic Examiners (TSBCE) to
regulate certain health care providers.  These barriers, however, prevent
agencies from sharing information about ongoing investigations.  As
proposed, S.B. 1574 provides confidentiality protections for TWCC, TSBME,
and TSBCE in order for each of them to exchange information relating to
ongoing investigations. 

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 Section 413.0511, Labor Code, by amending Subsection
(b-6) to make a conforming change.  Deletes current text relating to
disciplinary actions imposed on certain individuals.  

SECTION 2.  Amends Chapter 413, Subchapter E, Labor Code, by adding
Section 413.0514, as follows: 

Sec.  413.0514.  INFORMATION SHARING WITH OCCUPATIONAL LICENSING BOARDS.
(a)  Provides that this section applies only to information held by or for
the Texas Workers' Compensation Commission (TWCC), the Texas State Board
of Medical Examiners (TSBME), and Texas Board of Chiropractic Examiners
that relates to a person who is licensed or otherwise regulated by any of
those state agencies.  

(b)  Authorizes each of the agencies listed in Subsection (a), on request
or on its own initiative, to share confidential information or information
to which access is otherwise restricted by law with one or more of the
other agencies listed in Subsection (a) for investigative or enforcement
purposes.  Provides that except as provided by this section, confidential
information that is shared under this section remains confidential under
law and legal restrictions on access to the information remain in effect. 

(c)  Requires a state agency that receives shared information under this
section to keep the information secure and limit access to the information
within the agency to agency personnel who need access for investigative
purposes and authorizes the agency to disclose the information only to
certain entities. 

SECTION 3.  Amends Section 160.006(a), Occupations Code, to add TWCC to
the list of entities to which TSBME is authorized to disclose information. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.