By:  Carona                                                       S.B. No. 211
	(In the Senate - Filed January 15, 2003; February 3, 2003, 
read first time and referred to Committee on Health and Human 
Services; March 3, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 8, Nays 0; 
March 3, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 211                                    By:  Gallegos


A BILL TO BE ENTITLED

AN ACT


relating to the licensing and regulation of chiropractors.                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 201, Occupations Code, is 
amended by adding Section 201.206 to read as follows:
	Sec. 201.206.  CONFIDENTIALITY OF INVESTIGATION FILES.  
(a)  The board's investigation files are confidential, privileged, 
and not subject to discovery, subpoena, or any other means of legal 
compulsion for release other than to the board or an employee or 
agent of the board.
	(b)  On request, the board shall provide, at the completion 
of an investigation, information contained in the investigation 
file to the license holder under investigation.  The board shall 
share information in investigation files, on request, with another 
state or federal regulatory agency or with a local, state, or 
federal law enforcement agency regardless of whether the 
investigation has been completed.  The board is not required to 
disclose under this subsection information that is an 
attorney-client communication, an attorney work product, or other 
information protected by a privilege recognized by the Texas Rules 
of Civil Procedure or the Texas Rules of Evidence.
	(c)  Notwithstanding Subsection (a), the board may:                     
		(1)  disclose a complaint to the affected license 
holder; and        
		(2)  provide to a complainant the license holder's 
response to the complaint, if providing the response is considered 
by the board to be necessary to investigate the complaint.
	(d)  This section does not prohibit the board or another 
party in a disciplinary action from offering into evidence in a 
contested case under Chapter 2001, Government Code, a record, 
document, or other information obtained or created during an 
investigation.
	SECTION 2.  Subsection (a), Section 201.355, Occupations 
Code, is amended to read as follows:
	(a)  The board may renew without reexamination an expired 
license of a person who was licensed in this state, moved to another 
state or foreign country, and is currently licensed in good 
standing and has been in practice in the other state or foreign 
country for the two years preceding application.
	SECTION 3.  Subsection (b), Section 201.303, Occupations 
Code, is repealed.  
	SECTION 4.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Section 201.206, Occupations Code, as added by this Act, 
applies to a complaint or investigation pending on the effective 
date of this Act or filed on or after that date.
	(c)  The change in law made by this Act by the amendment of 
Subsection (a), Section 201.355, Occupations Code, applies only to 
an application to renew a license filed on or after the effective 
date of this Act.  An application to renew a license filed before 
the effective date of this Act is governed by the law in effect on 
the date the application was filed, and the former law is continued 
in effect for that purpose.



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