All complaints, adverse reports, investigation files, other investigation reports, and other investigative information in the possession of, received or gathered by the board shall be confidential as provided by the Medical Practice Act ("the Act"), Title 3 Subtitle B Tex. Occ. Code Ann. and no employee, agent, or member of the board may disclose information contained in such files except in the following circumstances:
  (1) to the appropriate licensing authorities in other states, the District of Columbia, or a territory or country in which the physician is licensed or is applying for licensure;
  (2) to a peer review committee considering a physician's application to obtain or retain privileges;
  (3) to appropriate law enforcement agencies if the information is relevant to an active criminal investigation or if the investigative information indicates a crime may have been committed;
  (4) to a health care entity upon receipt of written request, if there is a current complaint under active investigation that has been assigned by the executive director to a person authorized by the board to pursue legal action.
  (5) to other persons if required during the course of the investigation;
  (6) to other regulatory agencies as required by law; and
  (7) a person who has provided a statement may receive a copy of the statement.

Source Note: The provisions of this §179.3 adopted to be effective November 30, 2003, 28 TexReg 10491; amended to be effective January 25, 2006, 31 TexReg 390