Bill Text: TX HB2850 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the confidentiality of complaints and investigations in certain occupational licensing programs of the Texas Department of Licensing and Regulation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-12 - Referred to Licensing & Administrative Procedures [HB2850 Detail]

Download: Texas-2019-HB2850-Introduced.html
 
 
  By: Goldman H.B. No. 2850
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of complaints and investigations in
  certain occupational licensing programs of the Texas Department of
  Licensing and Regulation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 51, Occupations Code, is
  amended by adding Section 51.254 to read as follows:
         Sec. 51.254.  CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY
  INFORMATION. (a) In this section, unless the context requires
  otherwise:
               (1)  "Disciplinary action" includes, with respect to
  any person subject to regulation by the department or the
  commission:
                     (A)  enforcement activity, prosecution,
  discipline, or penalization; and
                     (B)  any related complaint, investigation, or
  resolution of a complaint or investigation.
               (2)  "Patient" includes:
                     (A)  a patient;
                     (B)  a client; and
                     (C)  an authorized representative of a patient or
  client.
         (b)  This section applies only to the following professions:
               (1)  athletic trainers regulated under Chapter 451;
               (2)  behavior analysts regulated under Chapter 506;
               (3)  dietitians regulated under Chapter 701;
               (4)  dyslexia practitioners and dyslexia therapists
  regulated under Chapter 403;
               (5)  hearing instrument fitters and dispensers
  regulated under Chapter 402;
               (6)  massage therapists regulated under Chapter 455;
               (7)  midwives regulated under Chapter 203;
               (8)  orthotists and prosthetists regulated under
  Chapter 605;
               (9)  podiatrists regulated under Chapter 202; and
               (10)  speech-language pathologists and audiologists
  regulated under Chapter 401.
         (c)  Except as otherwise provided by this section, a
  complaint and investigation concerning a person to whom this
  section applies and all information and materials subpoenaed or
  compiled by the department in connection with the complaint and
  investigation are confidential and not subject to:
               (1)  disclosure under Chapter 552, Government Code; or
               (2)  disclosure, discovery, subpoena, or other means of
  legal compulsion for their release to any person.
         (d)  A complaint or investigation subject to this section and
  all information and materials subpoenaed or compiled by the
  department in connection with the complaint and investigation may
  be disclosed to:
               (1)  persons involved with the department in a
  disciplinary action;
               (2)  a respondent or the respondent's authorized
  representative;
               (3)  a governmental agency, if:
                     (A)  the disclosure is required or permitted by
  law; and
                     (B)  the agency obtaining the disclosure protects
  the identity of any patient whose records are examined;
               (4)  a professional licensing, credentialing, or
  disciplinary entity in another jurisdiction;
               (5)  a peer assistance program approved by the
  commission under Chapter 467, Health and Safety Code, including a
  properly established peer assistance program in another
  jurisdiction;
               (6)  a peer review committee reviewing a license
  holder's application for privileges or the license holder's
  qualifications related to retaining the privileges;
               (7)  a law enforcement agency; and
               (8)  a person engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (e)  Notwithstanding any other provision of this section, if
  a department investigation would be jeopardized by the release or
  disclosure, the department may temporarily withhold or otherwise
  refrain from releasing or disclosing to any person any information
  or materials that the department would otherwise be required to
  release or disclose.
         (f)  The department may not be compelled to release or
  disclose complaint and investigation information or materials to a
  person listed in Subsection (d) if the department has not issued a
  notice of alleged violation related to the information or
  materials.
         (g)  The department may release or disclose complaint and
  investigation information or materials in accordance with
  Subsection (d) at any stage of a disciplinary action.
         (h)  The department shall protect the identity of any patient
  whose records are examined in connection with a disciplinary action
  against a license holder, other than a patient who:
               (1)  initiates the disciplinary action;
               (2)  is a witness in the disciplinary action; or
               (3)  has submitted a written consent to release the
  records.
         (i)  Notices of alleged violation issued by the department
  against respondents, 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.
         SECTION 2.  Section 202.2032(c), Occupations Code, is
  amended to read as follows:
         (c)  Notwithstanding any confidentiality requirements under
  Chapter 552, Government Code, Chapter 51, or this chapter, a
  complaint filed with the department by an insurance agent, insurer,
  pharmaceutical company, or third-party administrator against a
  license holder must include the name and address of the insurance
  agent, insurer, pharmaceutical company, or third-party
  administrator filing the complaint.
         SECTION 3.  Section 202.404(e), Occupations Code, is amended
  to read as follows:
         (e)  The department shall protect the identity of a patient
  whose podiatric records are examined or provided under Subsection
  (c) [or (d)], other than a patient who:
               (1)  is covered under Subsection (a)(1); or
               (2)  has submitted written consent to the release of
  the patient's podiatric records as provided by Section 202.406.
         SECTION 4.  Section 202.509(g), Occupations Code, is amended
  to read as follows:
         (g)  The department's disclosure of information under
  Subsection [(b), (d), or] (f) of this section, Section 202.2031, or
  Section 202.2032 does not constitute a waiver of privilege or
  confidentiality under this chapter or any other law.
         SECTION 5.  The following provisions of the Occupations Code
  are repealed:
               (1)  Section 202.404(d);
               (2)  Sections 202.509(a), (b), (c), (d), and (h);
               (3)  Section 401.2535;
               (4)  Section 402.154;
               (5)  Section 451.110;
               (6)  Section 506.202;
               (7)  Subchapter E, Chapter 605; and
               (8)  Subchapter E, Chapter 701.
         SECTION 6.  The changes in law made by this Act apply to a
  disciplinary action initiated before the effective date of this Act
  that has not resulted in a final order issued on or before the
  effective date of this Act and to a disciplinary action initiated on
  or after the effective date of this Act.
         SECTION 7.  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, 2019.
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