Texas Occupations Code 507.205 – Confidentiality of Complaint Information
(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.
Terms Used In Texas Occupations Code 507.205
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Subpoena: A command to a witness to appear and give testimony.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.