(a) Any information, report, or record that an approved peer assistance program or a licensing or disciplinary authority receives, gathers, or maintains under Chapter 467 of the Texas Health and Safety Code is confidential. Except as prescribed in Chapter 467 of the Texas Health and Safety Code, a person may not disclose that information, report, or record without written approval of the impaired professional or other interested person. An order entered by a licensing or disciplinary authority may be confidential only if the licensee subject to the order agrees to the order and there is no previous or pending action, complaint, or investigation concerning the licensee involving malpractice, injury, or harm to any member of the public.
(b) Information that is confidential under subsection (a) of this section may be disclosed:
  (1) at a disciplinary hearing before a licensing or disciplinary authority in which the authority considers taking disciplinary action against an impaired professional whom the authority has referred to a peer assistance program under Texas Health and Safety Code §467.006(a) or (b);
  (2) at an appeal from a disciplinary action or order imposed by a licensing or disciplinary authority;
  (3) to qualified personnel for bona fide research or educational purposes only after information that would identify a person is removed;
  (4) to health care personnel to whom an approved peer assistance program or a licensing or disciplinary authority has referred an impaired professional; or
  (5) to other health care personnel to the extent necessary to meet a health care emergency.

Source Note: The provisions of this §8.123 adopted to be effective January 27, 2020, 45 TexReg 579