### May 24, 1990

Mr.BobDickson **Opinion NO.**  

### JM-1178 Executive Director Texas Commission onAlcohol Re: Whether the investigatory andDrugAbuse records of alleged abuse or 1705Guadalupe neglect in a licensed drug Austin, Texas 78701-1214 treatment facilityheldbythe Texas Commission on Alcohol and Drug Abuse are confidential under the Health and Safety Code (RQ-1823) DearMr. Dickson: TheTexas Commission on Alcohol and DrugAbuse (the commission) hasreceived arequest fromareporter for the complete fileonadrug treatment center, including, butnot limited to, its license application and site inspection reports. You have disclosed the licensure records, but raiseexception 3(a)(l) ofthe TexasOpen Records Act in response tothe request forthe investigatory records you have on file. Youassert the records of investigation of alleged abuseorneglect inalicensed facility fall within theconfidentiality provisions of former article 5561cc, section 13e, V.T.C.S., now sections 464.010 and 464.011 oftheHealth andSafety Code, andalsoregulations of the United States Department of Health and Human Services implementing section 290dd-3 andee-3 oftitle 42of the United States Code. 52Fed. Reg. 21811 (tobecodified at 42C.F.R. Part 2). Section 3(a)(l) oftheTexasOpenRecords Act, article 6252-17a,V.T.C.S., excepts fromrequiredpublic disclosure "information deemed confidential by law,whether Constitutional, statutory, or by judicial decision." Section 464.010(e), the confidentiality statute for reports of investigations of abuse or neglect at a drug treatment facility, provides:

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**(e)** All. records made by the commission during its investigation are confidential and may not be released except that the release may be made: (1) on court order: (2) on written request and consent of the person under investigation or that person's authorized attorney: or (3) as provided by Section 464.011. Section 464.011 provides:

The commission may make its licensure and investigatory records available to a state or federal agency on written request by the agency's representative if the agency agrees not to disclose information that could identify a client inviolation of the law.
We agree that section 464.010(e) is applicable to the investigatory reports requested in this **case.** The records were made by the commission in the course of an investigation of alleged abuse and neglect at a drug treatment center.1 None of the exceptions in section 464.010(e) or section 464.011 applies. Thus, you may not release these reports. As we have concluded that the investigatory reports in their entirety may not be disclosed under section 3(a)(l) of the Open Records Act as information deemed confidential by statutory law, to wit, section 464.010(e) of the Health and Safety Code, we need not address your assertions based on the federal regulations.

The investigation is of a "drug treatment facility" as &se terms are defined in section 464.001(5) and (6) of the Health and Safety Code. I,

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### SUMMARY
Texas Commission on Alcohol and DNg Abuse reports of investigations of abuse or neglect at a drug treatment center are protected from required public disclosure under section 3(a)(l) of the Open Records Act, art. 6252-17a, V.T.C.S., pursuant to section 464.010(e) of the Health and Safety Code. Such reports may be released only as provided in sections 464.010(e) and 464.011 of the Health and Safety Code.



# ,:E*

MATTOX Attorney General of Texas
MARY KELLER First Assistant Attorney General r JUDGE ZOLLIE STEAKLEY

Special Assistant Attorney General
RENEA HICKS Special Assistant Attorney General RICK GILPIN Chairman, Opinion Committee Prepared by Kay H. Guajardo Assistant Attorney General

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