Texas Occupations Code - Section 160.006. Board Confidentiality
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§ 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
State Office of Administrative Hearings 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;
(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 division of workers' compensation of the
Texas Department of Insurance as provided by Section 413.0514,
Labor Code.
(b) Any known hospital suspension of a physician for a term
of 30 days or longer relating to the physician's competence and a
disciplinary order of the board against a physician are not
confidential.
(c) A record or report disclosed by the board under this
subchapter, a record or report received, maintained, or developed
by the board, a medical peer review committee, a member of the
committee, or a health care entity, and a record or report received
or maintained by the State Office of Administrative Hearings under
this subchapter are not available for discovery or court subpoena
and may not be introduced into evidence in any action for damages,
including a medical professional liability action that arises out
of the provision of or failure to provide a medical or health care
service.
(d) Medical peer review documents remain confidential at
the board and at the State Office of Administrative Hearings. If
medical peer review documents are admitted into evidence for any
purpose at a proceeding before the State Office of Administrative
Hearings, the documents must be admitted under seal to protect the
confidentiality of the records as provided by this section and
Section 160.007. In the event that a decision of the board or the
State Office of Administrative Hearings is appealed to district
court or other court, the confidentiality protections relating to
the medical peer review committee documents shall continue.
(e) The confidentiality requirements of this section do not
apply to records used by a medical peer review committee, including
a patient's medical records or records made or maintained in the
regular course of business, if the records are not considered
confidential under this chapter or any other law and are otherwise
available to the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1201, § 1, eff. June 15, 2001; Acts
2003, 78th Leg., ch. 963, § 5, eff. June 20, 2003; Acts 2005,
79th Leg., ch. 265, § 6.102, eff. Sept. 1, 2005; Acts 2005, 79th
Leg., ch. 269, § 1.29, eff. Sept. 1, 2005.
Section: 159.009 159.010 160.001 160.002 160.003 160.004 160.005 160.006 160.007 160.008 160.009 160.010 160.011 160.012 160.013
Last modified: August 10, 2007
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