May 24, 1990 

Mr. Bob Dickson Opinion NO. JM-1178 

Executive Director 

Texas Commission on Alcohol Re: Whether the investigatory 

and Drug Abuse records of alleged abuse or 

1705 Guadalupe neglect in a licensed drug 

Austin, Texas 78701-1214 treatment facility held by the 

Texas Commission on Alcohol 

and Drug Abuse are confidential under the Health and 

Safety Code (RQ-1823) 

Dear Mr. Dickson: 

The Texas Commission on Alcohol and Drug Abuse (the 

commission) has received a request from a reporter for the 

complete file on a drug treatment center, including, but not 

limited to, its license application and site inspection 

reports. You have disclosed the licensure records, but 

raise exception 3(a)(l) of the Texas Open Records Act in 

response to the request for the investigatory records you 

have on file. You assert the records of investigation of 

alleged abuse or neglect in a licensed facility fall within 

the confidentiality provisions of former article 5561cc, 

section 13e, V.T.C.S., now sections 464.010 and 464.011 

of the Health and Safety Code, and also regulations of the 

United States Department of Health and Human Services 

implementing section 290dd-3 and ee-3 of title 42 of the 

United States Code. 52 Fed. Reg. 21811 (to be codified at 

42 C.F.R. Part 2). 

Section 3(a)(l) of the Texas Open Records Act, article 

6252-17a, V.T.C.S., excepts from required public 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: 

p. 6209 
Mr. Bob Dickson - Page 2 (JM-1178) 

(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 in violation 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, 

- 

P. 6210 
Mr. Bob Dickson - Page 3 (JM-1178) 

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 

p. 6211