Texas Occupations Code - Section 164.007. Administrative Hearings; Confidentiality Issues
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§ 164.007. ADMINISTRATIVE HEARINGS; CONFIDENTIALITY
ISSUES. (a) The board by rule shall adopt procedures governing
formal disposition of a contested case under Chapter 2001,
Government Code. A formal hearing shall be conducted by an
administrative law judge employed by the State Office of
Administrative Hearings. After receiving the administrative law
judge's findings of fact and conclusions of law, the board shall
determine the charges on the merits.
(a-1) The board may change a finding of fact or conclusion
of law or vacate or modify an order of the administrative law judge
only if the board makes a determination required by Section
2001.058(e), Government Code.
(b) Notwithstanding this subtitle or other law, the board
may employ, retain, and compensate:
(1) attorneys, consultants, and other professionals
as necessary and appropriate to serve as board consultants or
special counsel to prosecute complaints filed with the board on
behalf of the hearings division and investigating division; and
(2) court reporters and other staff necessary to
prepare for or represent the board in the hearings authorized by
this section.
(c) Each complaint, adverse report, investigation file,
other investigation report, and other investigative information in
the possession of or received or gathered by the board or its
employees or agents relating to a license holder, an application
for license, or a criminal investigation or proceeding is
privileged and confidential and is not subject to discovery,
subpoena, or other means of legal compulsion for release to anyone
other than the board or its employees or agents involved in
discipline of a license holder. For purposes of this subsection,
investigative information includes information relating to the
identity of, and a report made by, a physician performing or
supervising compliance monitoring for the board.
(d) Not later than the 30th day after the date of receipt of
a written request from a license holder who is the subject of a
formal complaint initiated and filed under Section 164.005 or from
the license holder's counsel of record, and subject to any other
privilege or restriction set forth by rule, statute, or legal
precedent, and unless good cause is shown for delay, the board shall
provide the license holder with access to all information in its
possession that the board intends to offer into evidence in
presenting its case in chief at the contested hearing on the
complaint. The board is not required to provide:
(1) a board investigative report or memorandum;
(2) the identity of a nontestifying complainant; or
(3) attorney-client communications, attorney work
product, or other materials covered by a privilege recognized by
the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(e) Furnishing information under Subsection (d) does not
constitute a waiver of privilege or confidentiality under this
subtitle or other applicable law.
(f) Investigative information in the possession of the
board or an employee or agent relating to discipline of a license
holder may be disclosed to:
(1) the appropriate licensing authority of:
(A) another state; or
(B) a territory or country in which the license
holder is licensed or has applied for a license; or
(2) a medical peer review committee reviewing an
application for privileges or the qualifications of the license
holder with respect to retaining privileges.
(g) If investigative information in the possession of the
board or its employees or agents indicates that a crime may have
been committed, the board shall report the information to the
appropriate law enforcement agency.
(h) The board shall cooperate with and assist a law
enforcement agency conducting a criminal investigation of a license
holder by providing information that is relevant to the criminal
investigation to the investigating agency. Information disclosed
by the board to an investigative agency remains confidential and
may not be disclosed by the investigating agency except as
necessary to further the investigation.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1201, § 2, eff. June 15, 2001; Acts
2005, 79th Leg., ch. 269, § 1.40, eff. Sept. 1, 2005.
Section: 164.0031 164.0032 164.0035 164.0036 164.004 164.005 164.006 164.007 164.0071 164.008 164.009 164.010 164.011 164.051 164.052
Last modified: August 10, 2007
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