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Texas Occupations Code - OCC § 507.205. Confidentiality of Complaint Information

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided by Subsection (b), a complaint and investigation and all information and materials compiled by the executive council in connection with the complaint and investigation are not subject to:

(1) disclosure under Chapter 552, Government Code;  or

(2) disclosure, discovery, subpoena, or other means of legal compulsion for release of information to any person.

(b) A complaint or investigation subject to Subsection (a) and all information and materials compiled by the executive council in connection with the complaint may be disclosed to:

(1) the executive council and executive council employees or agents involved in license holder discipline;

(2) a party to a disciplinary action against the license holder or that party's designated representative;

(3) the board for the applicable profession;

(4) a law enforcement agency;

(5) 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;  or

(6) a person engaged in bona fide research, if all information identifying a specific individual has been deleted.

(c) Unless good cause for delay is shown to the presiding officer at the hearing, the executive council shall provide the license holder with access to all information that the executive council intends to offer into evidence at the hearing not later than the 30th day after the date the executive council receives a written request from a license holder who is entitled to a hearing under this chapter or from the license holder's attorney of record.

(d) The executive council shall protect the identity of any patient whose records are examined in connection with a disciplinary investigation or proceeding against a license holder, except a patient who:

(1) initiates the disciplinary action;  or

(2) has submitted a written consent to release the records.

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Cite this article: FindLaw.com - Texas Occupations Code - OCC § 507.205. Confidentiality of Complaint Information - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-507-205/

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