Texas § OC.603.2041 - SUBPOENAS

§ OC.603.2041. SUBPOENAS

SUBPOENAS; CONFIDENTIALITY OF INFORMATION. (a) The executive director of the medical board, the director's designee, or the secretary-treasurer of the medical board may issue a subpoena or subpoena duces tecum: (1) to conduct an investigation or a contested case proceeding related to: (A) alleged misconduct by a perfusionist; (B) an alleged violation of this chapter or another law related to the practice of perfusion; or (C) the provision of health care under this chapter; or (2) for purposes of determining whether to issue, suspend, restrict, or revoke a license under this chapter. (a-1) Failure to timely comply with a subpoena issued under this section is a ground for: (1) disciplinary action by the medical board or another licensing or regulatory agency with jurisdiction over the person subject to the subpoena; and (2) denial of a license application. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(23), eff. September 1, 2015. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(23), eff. September 1, 2015. (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(23), eff. September 1, 2015. (e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(9), eff. April 2, 2015. (f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(23), eff. September 1, 2015. (g) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 2.197(23), eff. September 1, 2015. (h) All information and materials subpoenaed or compiled by the medical board in connection with a complaint and investigation under this chapter are confidential and not subject to disclosure under Chapter 552 , Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the medical board or its agents or employees involved in discipline of the holder of a license, except that this information may be disclosed to: (1) persons involved with the medical board in a disciplinary action against the holder of a license under this chapter; (2) professional perfusionist licensing or disciplinary boards in other jurisdictions; (3) peer assistance programs approved by the medical board under Chapter 467 , Health and Safety Code; (4) law enforcement agencies; and (5) persons engaged in bona fide research, if all individual-identifying information has been deleted. (i) The filing of formal charges by the medical board against a holder of a license under this chapter, the nature of those charges, disciplinary proceedings of the medical board, and final disciplinary actions, including warnings and reprimands, by the medical board are not confidential and are subject to disclosure in accordance with Chapter 552 , Government Code. Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.338(a), eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 231 (S.B. 403 ), Sec. 33, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 5.173, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 5.318(9), eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.112, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.113, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202 ), Sec. 2.197(23), eff. September 1, 2015.