The board or its authorized representative may investigate alleged violations and gather evidence. Investigation materials are confidential, with limited disclosure exceptions.
Sec. 565.055. INVESTIGATION; CONFIDENTIALITY OF INFORMATION. (a) The board or the board's authorized representative may investigate and gather evidence concerning any alleged violation of this subtitle or a board rule. (b) Information or material compiled by the board in connection with an investigation, including an investigative file of the board, is confidential and not subject to: (1) disclosure under Chapter 552, Government Code; or (2) any means of legal compulsion for release, including disclosure, discovery, or subpoena, to anyone other than the board or a board employee or board agent involved in discipline of a license holder. (c) Notwithstanding Subsection (b), information or material compiled by the board in connection with an investigation may be disclosed: (1) during any proceeding conducted by the State Office of Administrative Hearings, to the board, or a panel of the board, or in a subsequent trial or appeal of a board action or order; (2) to a person providing a service to the board, including an expert witness, investigator, or employee of an entity that contracts with the board, related to a disciplinary proceeding against an applicant or license holder, or a subsequent trial or appeal, if the information is necessary for preparation for, or a presentation in, the proceeding; (3) to an entity in another jurisdiction that: (A) licenses or disciplines pharmacists or pharmacies; or (B) registers or disciplines pharmacy technicians or pharmacy technician trainees; (4) to a pharmaceutical or pharmacy peer review committee as described under Chapter 564; (5) to a law enforcement agency; (6) to a person engaged in bona fide research, if all information identifying a specific individual has been deleted; or (7) to an entity that administers a board-approved pharmacy technician certification examination. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.311(a), eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 923 (S.B. 1438), Sec. 6, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 16, eff. June 14, 2013.