Sec. 411.12513.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS.  (a)  The Executive Council of Physical Therapy and Occupational Therapy Examiners 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 the holder of a physical therapist or physical therapist assistant license under Chapter 453, Occupations Code; or
(2)  an applicant for or the holder of an occupational therapist or occupational therapy assistant license under Chapter 454, Occupations Code.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Executive Council of Physical Therapy and Occupational Therapy Examiners 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 Executive Council of Physical Therapy and Occupational Therapy Examiners 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 Executive Council of Physical Therapy and Occupational Therapy Examiners under Subsection (b)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).
(d)  The Executive Council of Physical Therapy and Occupational Therapy Examiners is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing conducted by the Executive Council of Physical Therapy and Occupational Therapy Examiners.
(e)  The Executive Council of Physical Therapy and Occupational Therapy Examiners 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. 52, eff. June 13, 2023.