Texas Senate Bill SB92

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to information requested from the Texas Medical Board by a member, committee, or agency of the legislature.

Impact

The bill is intended to enhance governmental transparency by mandating the Texas Medical Board's compliance with public information requests, as established under Section 552.008 of the Government Code. While the need for transparency in government operations is recognized, the bill also places significant emphasis on the protection of individual privacy, aligning with the federal Health Insurance Portability and Accountability Act (HIPAA) requirements. This duality positions SB92 as critical legislation that seeks to ensure a balance between public accountability and individual privacy rights.

Summary

SB92 proposes amendments to the Texas Occupations Code that specifically relate to compliance by the Texas Medical Board with public information requests made by members, committees, or agencies of the legislature. This bill aims to clarify the processes by which the Medical Board must operate when responding to such requests, ensuring that they adhere to state transparency laws while still protecting patient confidentiality. The new section would introduce requirements for redaction, particularly concerning sensitive patient information and personally identifiable information.

Contention

Notable points of contention regarding SB92 may arise around the potential for misuse of public information, even with redaction procedures in place. Concerns have been voiced that improper dissemination of any information that could indirectly identify patients might still occur, leading to calls for stricter guidelines or oversight of information requests. Furthermore, there may be debates regarding the readiness of the Texas Medical Board to implement these changes efficiently and the sufficiency of the existing resources to handle potentially increased workloads stemming from enhanced transparency mandates.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 154. Public Interest Information And Complaint Procedures
  • Section: New Section
  • Section: 055