(a) Any statement or record prepared or an opinion formed in connection with a positive enforcement or peer review is privileged and is not:
(1) subject to discovery, subpoena, or other means of legal compulsion for release to a person other than the board; or
(2) admissible as evidence in a judicial or administrative proceeding other than a board hearing.
(b) The privilege provided by Subsection (a) does not apply to information involved in a dispute between a reviewer and the person, including an entity, who is the subject of the review.

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Terms Used In Texas Occupations Code 901.161

  • 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
  • Subpoena: A command to a witness to appear and give testimony.