Texas Occupations Code 164.0071 – Hearings On Certain Complaints
(a) In a formal hearing described by § 164.007 in which the sole basis for disciplinary action is the basis described by § 164.051(a)(7), the board shall provide evidence from the board’s investigation that shows the basis for the board’s findings required by that subdivision.
(b) In any formal hearing described by § 164.007, information obtained as a result of peer review may not be used as evidence except as the basis for the opinion of an expert witness called by the board. When admitted into evidence, this information shall be admitted under seal to protect the confidentiality of the documents. In the event that a decision of the board or the State Office of Administrative Hearings is appealed to a district court or other court, the confidentiality protections relating to the medical peer review committee documents shall continue.
Terms Used In Texas Occupations Code 164.0071
- Board: means the Texas Medical Board. See Texas Occupations Code 151.002
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
(c) A member of a peer review committee is not subject to subpoena and may not be compelled to provide evidence in a formal hearing.