(a) Confidentiality. All complaints, adverse reports, investigation files, other investigation reports, and other investigative information in the possession of, or received, or gathered by the board, the Medical Board, or such boards' employees or agents relating to a certificate, registration, permit, or an application for such approval, 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 board, the Medical Board, or the boards' employees or agents involved in discipline of individuals subject to the Act.
(b) Patient identity. In any disciplinary investigation or proceeding regarding an individual subject to the Act and conducted under or pursuant to the Act, the 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.
(c) Permitted disclosure of investigative information. Investigative information in the possession of the board, the Medical Board, or its employees or agents which relates to licensee discipline and information contained in such files may not be disclosed except in the following circumstances:
  (1) a licensing authority in another state or country in which the certificate holder or person is licensed, certified, or permitted or has applied for a license, certification, or permit; or
  (2) a medical peer review committee reviewing:
    (A) an application for privileges; or
    (B) the qualifications of the certificate holder or person with respect to retaining privileges; and
    (C) to other persons if required during the investigation.
(d) If investigative information in the possession of the board, the Medical board, or an employee or agent of the board or medical board indicates that a crime may have been committed, the board or Medical board, as appropriate, shall report the information to the proper law enforcement agency. The board and Medical board shall cooperate with and assist each law enforcement agency conducting a criminal investigation of a person subject to the Act by providing information relevant to the investigation. Confidential information disclosed to a law enforcement agency under this subsection remains confidential and may not be disclosed by the law enforcement agency except as necessary to further the investigation.
(e) Complaints. The board shall keep information on file about each complaint filed with the board, consistent with the Act. If a written complaint is filed with the board that the board has the authority to resolve relating to a person subject to the Act, the board, at least as frequently as quarterly and until final determination of the action to be taken relative to the complaint, shall notify in a manner consistent with the Act the parties to the complaint of the status of the complaint unless the notice would jeopardize an active investigation.
(f) Renewal of certificates, registration, or permits. A certificate, registration, or permit holder shall furnish a written explanation of his or her answer to any question asked on the application for certificate, registration, or permit renewal, if requested by the board. This explanation shall include all details as the board may request and shall be furnished within 14 days of the date of the board's request.

Source Note: The provisions of this §194.29 adopted to be effective April 3, 2017, 42 TexReg 1763