Sec. 164.0071.  HEARINGS ON CERTAIN COMPLAINTS.  (a)  In a formal hearing described by Section 164.007 in which the sole basis for disciplinary action is the basis described by Section 164.051(a)(7), the board shall provide evidence from the board's investigation that shows the basis for the board's findings required by that subdivision.
(b)  In any formal hearing described by Section 164.007, information obtained as a result of peer review may not be used as evidence except as the basis for the opinion of an expert witness called by the board.  When admitted into evidence, this information shall be admitted under seal to protect the confidentiality of the documents.  In the event that a decision of the board or the State Office of Administrative Hearings is appealed to a district court or other court, the confidentiality protections relating to the medical peer review committee documents shall continue.
(c)  A member of a peer review committee is not subject to subpoena and may not be compelled to provide evidence in a formal hearing.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.41, eff. September 1, 2005.