The department must protect patient identity in disciplinary investigations, and it may withhold or disclose complaint materials only as this section allows.
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 to health-related professions regulated by this state the administration of which is assigned to the department by law, including 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, 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. Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.004, eff. September 1, 2019.