BILL ANALYSIS

Senate Research Center	C.S.S.B. 389
88R23785 SHH-D	By: Hall
	Health & Human Services
	4/21/2023
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

As a state agency created by the legislature, the Texas Medical Board (TMB) is governed by statute and agency rules. The internal processes of agencies are usually available for review by legislative offices, yet repeatedly, TMB has refused to disclose information to legislative offices, citing a statute that exempts them from disclosure except in certain circumstances. This is the only state agency that currently has this specific exemption, and it allows the agency to operate in an obscure way, without having to fully disclose its actions.

The ability of a legislative office having access to agency information is crucial in the performance of a legislator's responsibilities and is also an important aspect of agency transparency.

C.S.S.B. 389 would repeal Section 154.055 (Release of Complaint Information to Legislative Committee), Occupations Code, thereby allowing state legislative offices to receive information from TMB under legislative privilege as provided by Section 552.008, Government Code.

This bill also adds a section clarifying that TMB must comply with a request for public information made under Section 552.008, Government Code.

The committee substitute provides that TMB shall redact patient HIPPA information, unless the legislative request includes authorization from the patient to disclose this information.

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It also permits TMB to redact personal identifiable information, except for the names of persons, from the information provided to a request for information under Section 552.008, Government Code.

Clarification that the misuse of confidential information is punishable under Section 552.352, Government Code, will also be included to reiterate the importance of maintaining confidentiality of this confidential information.

C.S.S.B. 389 amends current law relating to information requested from the Texas Medical Board by a member, committee, or agency of the legislature.

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 Subchapter A, Chapter 154, Occupations Code, by adding Section 154.007, as follows:

Sec. 154.007. COMPLIANCE WITH CERTAIN PUBLIC INFORMATION REQUESTS. (a) Requires the Texas Medical Board (TMB), notwithstanding any other provision of Subtitle B (Physicians), to comply with a request for public information made under Section 552.008 (Information for Legislative Purposes), Government Code.

(b) Authorizes TMB, when complying with a request for public information described by Subsection (a), to redact:

(1) patient information protected by the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), unless the request includes authorization from the patient to disclose the protected information; and

(2) personally identifiable information of an individual, except for the name of the individual.

(c) Requires TMB to include with every fulfilled request for public information described by Subsection (a) a written notice stating that improper use or distribution of confidential information constitutes an offense under Section 552.352 (Distribution or Misuse of Confidential Information), Government Code.

SECTION 2. Repealer: Section 154.055 (Release of Complaint Information to Legislative Committee), Occupations Code.

SECTION 3. Effective date: upon passage or September 1, 2023.

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