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By:  Carona                                                       S.B. No. 1574


A BILL TO BE ENTITLED

AN ACT

relating to authorizing the Texas Workers' Compensation Commission 
and the Texas State Board of Medical Examiners to share information 
for investigative purposes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 413.0511, Labor Code, is amended by 
amending subsection (b-6) to read as follows:
	Sec. 413.0511.  MEDICAL ADVISOR.                                               
	(b)  The medical advisor shall make recommendations 
regarding the adoption of rules to:
		(6)  pursuant to Section 413.0514, receive, and share 
with the medical quality review panel established under Section 
413.0512, confidential information from the Texas State Board of 
Medical Examiners, the Texas Board of Chiropractic Examiners, or 
other occupational licensing boards regarding [disciplinary 
actions imposed on] a physician, chiropractor, or other type of 
doctor who applies for registration or is registered with the 
commission on the list of approved doctors; and
		(7)  determine minimal modifications to the 
reimbursement methodology and model used by the Medicare system as 
necessary to meet occupational injury requirements.
	SECTION 2.  Chapter 413, Subchapter E, Labor Code, is 
amended by adding a section 413.0514 to read as follows:
	Sec. 413.0514.  INFORMATION SHARING WITH OCCUPATIONAL 
LICENSING BOARDS.  (a)  This section applies only to information 
held by or for the commission, the Texas State Board of Medical 
Examiners, and Texas Board of Chiropractic Examiners that relates 
to a person who is licensed or otherwise regulated by any of those 
state agencies.
	(b)  Each of the agencies listed in Subsection (a), on 
request or on its own initiative, may 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.  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)  A state agency that receives shared information under 
this section:
		(1)  shall keep the information secure and limit access 
to the information within the agency to agency personnel who need 
access for investigative purposes; and
		(2)  may disclose the information only:                                
			(A)  to another agency listed in Subsection (a) in 
accordance with this section;
			(B)  to the extent necessary to bring or prosecute 
a contested case or court action to restrain or prevent a violation 
of law or to impose sanctions or penalties in connection with a 
violation of law;
			(C)  to an appropriate law enforcement agency or 
prosecutor if the state agency determines that the information may 
be evidence of an offense or evidence that a particular person 
committed an offense; or
			(D)  under a court order or subpoena obtained 
after a showing to a court that disclosure of the information is 
necessary to protect the public health, safety, or welfare.
	SECTION 3.  Section 160.006, Subsection (a), Occupations 
Code, is amended to read as follows:
	Sec. 160.006.  BOARD CONFIDENTIALITY.  (a)  A record, 
report, or other information received and maintained by the board 
under this subchapter or Subchapter B, including any material 
received or developed by the board during an investigation or 
hearing and the identity of, and reports made by, a physician 
performing or supervising compliance monitoring for the board, is 
confidential.  The board may disclose this information only:
		(1)  in a disciplinary hearing before the board or in a 
subsequent trial or appeal of a board action or order;
		(2)  to the physician licensing or disciplinary 
authority of another jurisdiction, to a local, state, or national 
professional medical society or association, or to a medical peer 
review committee located inside or outside this state that is 
concerned with granting, limiting, or denying a physician hospital 
privileges;
		(3)  under a court order; [or]                               
		(4)  to qualified personnel for bona fide research or 
educational purposes, if personally identifiable information 
relating to any physician or other individual is first deleted; or
		(5)  to the Texas Workers' Compensation Commission 
pursuant to Labor Code Section 413.0514.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.