Texas 2019 - 86th Regular

Texas House Bill HB2850 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Goldman H.B. No. 2850
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the confidentiality of complaints and investigations in
7	7	certain occupational licensing programs of the Texas Department of
8	8	Licensing and Regulation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter E, Chapter 51, Occupations Code, is
11	11	amended by adding Section 51.254 to read as follows:
12	12	Sec. 51.254. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY
13	13	INFORMATION. (a) In this section, unless the context requires
14	14	otherwise:
15	15	(1) "Disciplinary action" includes, with respect to
16	16	any person subject to regulation by the department or the
17	17	commission:
18	18	(A) enforcement activity, prosecution,
19	19	discipline, or penalization; and
20	20	(B) any related complaint, investigation, or
21	21	resolution of a complaint or investigation.
22	22	(2) "Patient" includes:
23	23	(A) a patient;
24	24	(B) a client; and
25	25	(C) an authorized representative of a patient or
26	26	client.
27	27	(b) This section applies only to the following professions:
28	28	(1) athletic trainers regulated under Chapter 451;
29	29	(2) behavior analysts regulated under Chapter 506;
30	30	(3) dietitians regulated under Chapter 701;
31	31	(4) dyslexia practitioners and dyslexia therapists
32	32	regulated under Chapter 403;
33	33	(5) hearing instrument fitters and dispensers
34	34	regulated under Chapter 402;
35	35	(6) massage therapists regulated under Chapter 455;
36	36	(7) midwives regulated under Chapter 203;
37	37	(8) orthotists and prosthetists regulated under
38	38	Chapter 605;
39	39	(9) podiatrists regulated under Chapter 202; and
40	40	(10) speech-language pathologists and audiologists
41	41	regulated under Chapter 401.
42	42	(c) Except as otherwise provided by this section, a
43	43	complaint and investigation concerning a person to whom this
44	44	section applies and all information and materials subpoenaed or
45	45	compiled by the department in connection with the complaint and
46	46	investigation are confidential and not subject to:
47	47	(1) disclosure under Chapter 552, Government Code; or
48	48	(2) disclosure, discovery, subpoena, or other means of
49	49	legal compulsion for their release to any person.
50	50	(d) A complaint or investigation subject to this section and
51	51	all information and materials subpoenaed or compiled by the
52	52	department in connection with the complaint and investigation may
53	53	be disclosed to:
54	54	(1) persons involved with the department in a
55	55	disciplinary action;
56	56	(2) a respondent or the respondent's authorized
57	57	representative;
58	58	(3) a governmental agency, if:
59	59	(A) the disclosure is required or permitted by
60	60	law; and
61	61	(B) the agency obtaining the disclosure protects
62	62	the identity of any patient whose records are examined;
63	63	(4) a professional licensing, credentialing, or
64	64	disciplinary entity in another jurisdiction;
65	65	(5) a peer assistance program approved by the
66	66	commission under Chapter 467, Health and Safety Code, including a
67	67	properly established peer assistance program in another
68	68	jurisdiction;
69	69	(6) a peer review committee reviewing a license
70	70	holder's application for privileges or the license holder's
71	71	qualifications related to retaining the privileges;
72	72	(7) a law enforcement agency; and
73	73	(8) a person engaged in bona fide research, if all
74	74	individual-identifying information has been deleted.
75	75	(e) Notwithstanding any other provision of this section, if
76	76	a department investigation would be jeopardized by the release or
77	77	disclosure, the department may temporarily withhold or otherwise
78	78	refrain from releasing or disclosing to any person any information
79	79	or materials that the department would otherwise be required to
80	80	release or disclose.
81	81	(f) The department may not be compelled to release or
82	82	disclose complaint and investigation information or materials to a
83	83	person listed in Subsection (d) if the department has not issued a
84	84	notice of alleged violation related to the information or
85	85	materials.
86	86	(g) The department may release or disclose complaint and
87	87	investigation information or materials in accordance with
88	88	Subsection (d) at any stage of a disciplinary action.
89	89	(h) The department shall protect the identity of any patient
90	90	whose records are examined in connection with a disciplinary action
91	91	against a license holder, other than a patient who:
92	92	(1) initiates the disciplinary action;
93	93	(2) is a witness in the disciplinary action; or
94	94	(3) has submitted a written consent to release the
95	95	records.
96	96	(i) Notices of alleged violation issued by the department
97	97	against respondents, disciplinary proceedings of the department,
98	98	commission, or executive director, and final disciplinary actions,
99	99	including warnings and reprimands, by the department, commission,
100	100	or executive director are not confidential and are subject to
101	101	disclosure in accordance with Chapter 552, Government Code.
102	102	SECTION 2. Section 202.2032(c), Occupations Code, is
103	103	amended to read as follows:
104	104	(c) Notwithstanding any confidentiality requirements under
105	105	Chapter 552, Government Code, Chapter 51, or this chapter, a
106	106	complaint filed with the department by an insurance agent, insurer,
107	107	pharmaceutical company, or third-party administrator against a
108	108	license holder must include the name and address of the insurance
109	109	agent, insurer, pharmaceutical company, or third-party
110	110	administrator filing the complaint.
111	111	SECTION 3. Section 202.404(e), Occupations Code, is amended
112	112	to read as follows:
113	113	(e) The department shall protect the identity of a patient
114	114	whose podiatric records are examined or provided under Subsection
115	115	(c) [or (d)], other than a patient who:
116	116	(1) is covered under Subsection (a)(1); or
117	117	(2) has submitted written consent to the release of
118	118	the patient's podiatric records as provided by Section 202.406.
119	119	SECTION 4. Section 202.509(g), Occupations Code, is amended
120	120	to read as follows:
121	121	(g) The department's disclosure of information under
122	122	Subsection [(b), (d), or] (f) of this section, Section 202.2031, or
123	123	Section 202.2032 does not constitute a waiver of privilege or
124	124	confidentiality under this chapter or any other law.
125	125	SECTION 5. The following provisions of the Occupations Code
126	126	are repealed:
127	127	(1) Section 202.404(d);
128	128	(2) Sections 202.509(a), (b), (c), (d), and (h);
129	129	(3) Section 401.2535;
130	130	(4) Section 402.154;
131	131	(5) Section 451.110;
132	132	(6) Section 506.202;
133	133	(7) Subchapter E, Chapter 605; and
134	134	(8) Subchapter E, Chapter 701.
135	135	SECTION 6. The changes in law made by this Act apply to a
136	136	disciplinary action initiated before the effective date of this Act
137	137	that has not resulted in a final order issued on or before the
138	138	effective date of this Act and to a disciplinary action initiated on
139	139	or after the effective date of this Act.
140	140	SECTION 7. This Act takes effect immediately if it receives
141	141	a vote of two-thirds of all the members elected to each house, as
142	142	provided by Section 39, Article III, Texas Constitution. If this
143	143	Act does not receive the vote necessary for immediate effect, this
144	144	Act takes effect September 1, 2019.