The board must keep complaint and investigation materials confidential, but may disclose them in listed situations.
Sec. 801.207. CONFIDENTIALITY. (a) Except as otherwise provided by this section, a complaint and investigation concerning a person to whom this chapter applies, and all information and materials subpoenaed or compiled by the board 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. (b) Notwithstanding Subsection (a), the board may disclose information regarding a complaint or investigation to: (1) a person providing testimony or review on the board's behalf in a disciplinary proceeding; (2) a respondent or the respondent's authorized representative; (3) a professional licensing, credentialing, or disciplinary entity; (4) a peer assistance program approved by the board pursuant to Section 801.157; (5) a law enforcement agency; or (6) a person engaged in bona fide research, if all individual-identifying information has been deleted. (b-1) Not later than the 14th day before the date of an informal proceeding under Section 801.408, the board shall provide to the license holder who is the subject of the complaint a copy of the record of any review conducted under Section 801.2055 of a complaint requiring medical expertise. The board shall redact the name of each veterinarian who conducted the review. (c) Except as provided by Subsection (b-1), the board shall protect the identity of a complainant to the extent possible. (d) Not later than the 30th day after the date of receipt of a written request from a license holder who is the subject of a formal complaint initiated and filed under this subchapter or from the license holder's counsel of record, and subject to any other privilege or restriction set forth by rule, statute, or legal precedent, and unless good cause is shown for delay, the board shall provide the license holder with access to all information in its possession that the board intends to offer into evidence in presenting its case in chief at the contested hearing on the complaint. The board is not required to provide: (1) a board investigative report or memorandum; (2) the identity of a nontestifying complainant; or (3) attorney-client communications, attorney work product, or other materials covered by a privilege recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence. (e) Furnishing information under Subsection (d) does not constitute a waiver of privilege or confidentiality under this chapter or other applicable law. (f) The board may not be compelled to release or disclose complaint and investigation information or materials to a person listed in Subsection (b) if the board has not issued a notice of alleged violation related to the information or materials. (g) Notices of alleged violation and disciplinary orders, including warnings and reprimands, issued by the board are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code. (h) Notwithstanding any other provision of this section, if an investigation would be jeopardized by the disclosure of information relating to a complaint or investigation, the board may temporarily withhold or otherwise refrain from disclosing to any person any information or materials that the board would otherwise be required to disclose. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 11, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 419 (H.B. 3442), Sec. 1, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 874 (S.B. 2155), Sec. 22, eff. September 1, 2025.