Sec. 402.154. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY INFORMATION. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(92), eff. September 1, 2015.
(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(92), eff. September 1, 2015.
(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(92), eff. September 1, 2015.
(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(92), eff. September 1, 2015.
(e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(92), eff. September 1, 2015.
(f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(92), eff. September 1, 2015.
(g) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(92), eff. September 1, 2015.
(h) All information and materials subpoenaed or compiled by the department in connection with a complaint and investigation are confidential and not subject to disclosure under Chapter 552, Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department or its agents or employees who are involved in discipline of the holder of a license, except that this information may be disclosed to:
(1) persons involved with the department in a disciplinary action against the holder of a license;
(2) professional licensing or disciplinary boards for the fitting and dispensing of hearing instruments in other jurisdictions;
(3) peer assistance programs approved by the commission under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all individual-identifying information has been deleted.
(i) The filing of formal charges by the department against a holder of a license, the nature of those charges, disciplinary proceedings of the department, commission, or executive director, and final disciplinary actions, including warnings and reprimands, by the department, commission, or executive director are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.174(a), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1062 (S.B. 663), Sec. 13, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.059, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.097, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.098, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(92), eff. September 1, 2015.
Last modified: September 28, 2016