Amend HB 2824 as follows:
In SECTION 1, amend Section 50.0225, Human Resources Code, by
adding Subsections (h) and (i) to read as follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved in
discipline of the holder of a license or order of recognition
except that this information may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license or order of recognition;
(2) professional social work licensing or disciplinary
boards in other jurisdictions;
(3) peer assistance programs approved by the board
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 against a holder of a
license or order of recognition, the nature of those charges,
disciplinary proceedings of the board, and final disciplinary
actions, including warnings and reprimands, by the board are not
confidential and are subject to disclosure in accordance with
Section 552.001 et seq., Government Code.
In SECTION 2, amend Sec. 8C, Article 4413(51), Vernon's Texas
Civil Statutes, by adding Subsections (h) and (i) to read as
follows:
(h) All information and materials subpoenaed or compiled by
the council in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the council or its employees or agents involved
in the complaint and investigation, except that this information
may be disclosed to:
(1) persons involved with the council in a complaint
and investigation;
(2) professional sex offender treatment provider
licensing or disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the board
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 against a person under this
chapter by the council, the nature of those charges, disciplinary
proceedings of the council, and final disciplinary actions,
including warnings and reprimands, by the council are not
confidential and are subject to disclosure in accordance with
Section 552.001 et seq., Government Code.
In SECTION 3, amend Section 11B, Article 4512c-1, Vernon's
Texas Civil Statutes by adding Subsections (h) and (i) to read as
follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved in
discipline of the holder of a license except that this information
may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) marriage and family therapist licensing or
disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the board
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 board against a
holder of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions, including
warnings and reprimands, by the board are not confidential and are
subject to disclosure in accordance with Section 552.001 et seq.,
Government Code.
In SECTION 4, amend Section 5B, Article 4512d, Vernon's Texas
Civil Statutes by adding Subsections (h) and (i) to read as
follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved in
discipline of the holder of a license except that this information
may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) athletic trainer licensing or disciplinary boards
in other jurisdictions;
(3) peer assistance programs approved by the board
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 board against a
holder of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions, including
warnings and reprimands, by the board are not confidential and are
subject to disclosure in accordance with Section 552.001 et seq.,
Government Code.
In SECTION 5, amend Section 16D, Article 4512g, Vernon's
Texas Civil Statutes by adding Subsections (h) and (i) to read as
follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved in
discipline of the holder of a license except that this information
may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) professional counselor licensing or disciplinary
boards in other jurisdictions;
(3) peer assistance programs approved by the board
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 board against a
holder of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions, including
warnings and reprimands, by the board are not confidential and are
subject to disclosure in accordance with Section 552.001 et seq.,
Government Code.
In SECTION 6, amend Sec. 16C, Article 4512h, Vernon's Texas
Civil Statutes by adding Subsections (h) and (i) to read as
follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved in
discipline of the holder of a license except that this information
may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) professional dietitian licensing or disciplinary
boards in other jurisdictions;
(3) peer assistance programs approved by the board
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 board against a
holder of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions, including
warnings and reprimands, by the board are not confidential and are
subject to disclosure in accordance with Section 552.001 et seq.,
Government Code.
In SECTION 8, amend Section 24A, Article 4512j, Vernon's
Texas Civil Statutes, by adding Subsections (h) and (i) to read as
follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved in
discipline of the holder of a license except that this information
may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) professional speech language pathologist and
audiologist licensing or disciplinary boards in other
jurisdictions;
(3) peer assistance programs approved by the board
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 board against a
holder of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions, including
warnings and reprimands, by the board are not confidential and are
subject to disclosure in accordance with Section 552.001 et seq.,
Government Code.
In SECTION 9, amend Section 11B, Article 4512n, Vernon's
Texas Civil Statutes, by adding Subsections (h) and (i) to read as
follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena or other means of legal compulsion for their release to
anyone other than the board 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 board in a disciplinary
action against the holder of a license;
(2) professional medical physics licensing or
disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the board
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 board against a
holder of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions, including
warnings and reprimands, by the board are not confidential and are
subject to disclosure in accordance with Section 552.001 et seq.,
Government Code.
In SECTION 10, amend Section 19A, Article 4529e, Revised
Statutes, by adding Subsections (h) and (i) to read as follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena or other means of legal compulsion for their release to
anyone other than the board or its agents or employees involved in
discipline of the holder of a license except that this information
may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) professional perfusionist licensing or
disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the board
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 board against a
holder of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions, including
warnings and reprimands, by the board are not confidential and are
subject to disclosure in accordance with Section 552.001 et seq.,
Government Code.
In SECTION 12, amend Section 1.12C, Article 4566-1.01 et
seq., Vernon's Texas Civil Statutes, by adding Subsections (h) and
(i) to read as follows:
(h) All information and materials subpoenaed or compiled by
the committee in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena or other means of legal compulsion for their release to
anyone other than the committee 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 committee 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 board
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 committee against a
holder of a license, the nature of those charges, disciplinary
proceedings of the committee, and final disciplinary actions,
including warnings and reprimands, by the committee are not
confidential and are subject to disclosure in accordance with
Section 552.001 et seq., Government Code.
In SECTION 14. amend Section 6A, Article 8920, Revised
Statutes, by adding Subsections (h) and (i) to read as follows:
(h) All information and materials subpoenaed or compiled by
the board in connection with a complaint and investigation are
confidential and not subject to disclosure under Section 552.001 et
seq., Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved in
discipline of the holder of a license except that this information
may be disclosed to:
(1) persons involved with the board in a disciplinary
action against the holder of a license;
(2) professional orthotist or prosthetist disciplinary
boards in other jurisdictions;
(3) peer assistance programs approved by the board
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 board against a
holder of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions, including
warnings and reprimands, by the board are not confidential and are
subject to disclosure in accordance with Section 552.001 et seq.,
Government Code.
Add a new SECTION 15 to read as follows, and renumber
existing SECTIONS 15 and 16 as SECTIONS 16 and 17:
SECTION 15. The Texas Hospital Licensing Law, Chapter 241,
Health and Safety Code, is amended by amending Section 241.051 to
read as follows:
Section 241.051. INSPECTIONS. (a) The department may make
an inspection, survey, or investigation that it considers
necessary. A representative of the department may enter the
premises of a hospital at any reasonable time to make an
inspection, a survey, or an investigation to assure compliance with
or prevent a violation of this chapter, the rules adopted under
this chapter, an order or special order of the commissioner of
health, a special license provision, a court order granting
injunctive relief, or other enforcement procedures. The department
shall maintain the confidentiality of hospital records as
applicable under state or federal law.
(b) The department or a representative of the department is
entitled to access to all books, records, or other documents
maintained by or on behalf of the hospital to the extent necessary
to enforce this chapter, the rules adopted under this chapter, an
order or special order of the commissioner of health, a special
license provision, a court order granting injunctive relief, or
other enforcement procedures.
(c) By applying for or holding a hospital license, the
hospital consents to entry and inspection of the hospital by the
department or a representative of the department in accordance with
this chapter and the rules adopted under this chapter.
(d) All information and materials obtained by the department
in connection with a complaint and investigation concerning a
hospital are confidential and not subject to disclosure under
Section 552.001 et seq., 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
employees or agents involved in the disciplinary action except that
this information may be disclosed to:
(1) persons involved with the department in the
disciplinary action against the hospital;
(2) appropriate state or federal agencies that are
authorized to inspect, survey, or investigate hospitals;
(3) law enforcement agencies; and
(4) persons engaged in bona fide research, if all
individual-identifying and hospital-identifying information has
been deleted.
(e) Final actions involving a civil or administrative
penalty, or injunctive relief, against a hospital are not
confidential and are subject to disclosure in accordance with
Section 552.001 et seq., Government Code.