Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 186 - RESPIRATORY CARE PRACTITIONERS › Section 186.21 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Investigation
				of complaints shall be conducted in accordance with Chapter 178 of this title
				(relating to Complaints) and Chapter 179 of this title (relating to
				Investigations) and referred to an informal settlement conference in accordance
				with Chapter 187 of this title (relating to Procedural Rules), if appropriate.
				If the provisions of Chapters 178, 179 or 187 of this title conflict with the
				Act or rules under this chapter, the Act and provisions of this chapter shall
				control.
(b) Confidentiality. All
				complaints, adverse reports, investigation files, other investigation reports,
				and other investigative information in the possession of, or received, or
				gathered by the advisory board, the Medical Board, or their employees or agents
				relating to a person, certificate holder or temporary permit holder, an
				application for certificate, or a criminal investigation or proceeding are
				privileged and confidential and are not subject to discovery, subpoena, or
				other means of legal compulsion for their release to anyone other than the
				advisory board, the Medical Board, or their employees or agents involved in
				certificate holder or temporary permit holder discipline.
(c) Patient identity. In any disciplinary
				investigation or proceeding regarding a respiratory care practitioner conducted
				under or pursuant to the Act, the advisory board and Medical Board shall
				protect the identity of any patient whose medical records are examined and
				utilized in a public proceeding except for those patients who testify in the
				public proceeding or who submit a written release in regard to their records or
				identity.
(d) Permitted disclosure
				of investigative information. Investigative information in the possession of
				the advisory board, the Medical Board, or the boards' employees or agents which
				relates to certificate holder discipline and information contained in such
				files may not be disclosed except in the following circumstances:
(1) to the appropriate licensing or
				regulatory authorities in other states or the District of Columbia or a
				territory or country where the respiratory care practitioner is licensed,
				registered, or certified or has applied for a certificate or license or to a
				peer review committee reviewing an application for employment or privileges or
				the qualifications of the certificate holder with respect to retaining
				employment or privileges;
(2) to
				appropriate law enforcement agencies if the investigative information indicates
				a crime may have been committed and the advisory board shall cooperate with and
				assist all law enforcement agencies conducting criminal investigations of
				certificate holders by providing information relevant to the criminal
				investigation to the investigating agency and any information disclosed by the
				advisory board or Medical Board to an investigative agency shall remain
				confidential and shall not be disclosed by the investigating agency except as
				necessary to further the investigation;
(3) to a health-care entity upon receipt of
				written request. Disclosures by the advisory board or Medical Board to a
				health-care entity shall include only information about a complaint filed
				against a respiratory care practitioner that was resolved after investigation
				by a disciplinary order of the advisory board or by an agreed settlement, and
				the basis and current status of any complaint under active investigation; and
(4) to other persons if required
				during the investigation.