Sec. 411.12510.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS MEDICAL BOARD.  (a)  The Texas Medical Board is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is:
(1)  an applicant for or holder of a license to practice medicine;
(2)  an applicant for or holder of a license to practice as a physician assistant;
(3)  an applicant for or holder of a license to practice as an acupuncturist;
(4)  an applicant for or holder of a certificate to practice as an acudetox specialist;
(5)  an applicant for or holder of a license to practice as a surgical assistant;
(6)  an applicant for or holder of a general certificate to perform radiologic procedures, limited certificate to perform radiologic procedures only on specific parts of the body, or radiologist assistant certificate;
(7)  an applicant for or holder of a placement on the registry of noncertified technicians;
(8)  an employee of an applicant for a hardship exemption;
(9)  an applicant for or holder of a license to practice as a medical physicist;
(10)  an applicant for or holder of a license to practice as a perfusionist;
(11)  an applicant for or holder of a license to practice as a respiratory care practitioner; and
(12)  an applicant for or holder of a pain management clinic certificate.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Medical Board is entitled to:
(1)  obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a); and
(2)  obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a).
(c)  The Texas Medical Board may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1).  Criminal history record information obtained by the Texas Medical Board under Subsection (b)(2) may not be released or disclosed to any person, except as provided by Subsection (d).
(d)  The Texas Medical Board is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a hearing conducted by the Texas Medical Board or its advisory boards.
(e)  The Texas Medical Board shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 49, eff. June 13, 2023.