HBA-MPM H.B. 2824 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2824 By: Gray Public Health 9/20/1999 Enrolled BACKGROUND AND PURPOSE The Texas Department of Health (TDH) provides administrative services for 11 professional independent or semi-independent licensing and regulatory boards. These services include investigating complaints lodged against persons licensed by the board. Prior to the 76th Legislature, no board had the authority to subpoena witnesses or documents or in any manner compel production of testimony or documentation to substantiate or disprove alleged violations by licensees. Consequently, it may have been difficult to obtain needed information from third parties, such as banks, health care providers, and hospitals. H.B. 2824 authorizes each of these 11 boards to exercise subpoena authority relating to witnesses and documents, to administer oaths, and to seek enforcement power in Texas district courts. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 50, Human Resources Code, by adding Section 50.0225, as follows: Sec. 50.0225. SUBPOENAS. (a) Authorizes the Texas State Board of Social Worker Examiners (board, for purposes of this section) to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the Texas Department of Health (department) and referred to the board. Authorizes the board to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Authorizes a subpoena to be served personally or by certified mail. (c) Authorizes the board, acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board may be held if a person fails to comply with the subpoena. (d) Requires the court to order a person to comply with the subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to obey the court order. (e) Authorizes the board to delegate the authority granted under Subsection (a) to the executive director or secretary-treasurer of the board. (f) Requires the board to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the board may charge for copies of its records. (g) Provides that reimbursement of expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103 (Expenses of Witness or Deponent), Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 (Policy; Construction) et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license or order of recognition, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license or order of recognition, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. SECTION 2. Amends Article 4413(51), V.T.C.S. (Chapter 462, Acts of the 68th Legislature, Regular Session, 1983), by adding Section 8C, as follows: Sec. 8C. SUBPOENAS. (a) Authorizes the Council on Sex Offender Treatment (council) to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the council. Authorizes the council to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Authorizes the subpoena to be served personally or by certified mail. (c) Authorizes the council, acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the council may be held if a person fails to comply with the subpoena. (d) Requires the court to order a person to comply with a subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to comply with the subpoena. (e) Authorizes the council to delegate the authority granted under Subsection (a) to the executive director of the council. (f) Requires the council to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the council is authorized to charge for copies of its records. (g) Provides that the reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the council in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the Texas Board of Health (board, for purposes of this section) or its employees or agents involved in discipline of the complaint and investigation, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a person under this article by the council, the nature of those charges, disciplinary proceedings of the council, and final disciplinary actions, including warnings and reprimands, by the council are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. SECTION 3. Amends Article 4512c-1, V.T.C.S. (Licensed Marriage and Family Therapist Act), by amending Sections 11B and 11C and adding Section 11D, as follows: Sec. 11B. New title. SUBPOENAS. (a) Authorizes the Texas State Board of Examiners of Marriage and Family Therapists (board, for purposes of this section) to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the board. Authorizes the board to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Authorizes a subpoena to be served personally or by certified mail. (c) Authorizes the board, acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing by the board may be held if a person fails to comply with the subpoena. (d) Requires the court to order a person to comply with a subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to obey the subpoena. (e) Authorizes the board to delegate the authority granted under Subsection (a) to the executive director of the board. (f) Requires the board to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the board is authorized to charge for copies of its records. (g) Provides that the reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license or order of recognition, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. Sec. 11C. Updates statuatory references. Redesignates existing Sections 11B and 11C to Sections 11C and 11D, respectively. SECTION 4. Amends Article 4512d, V.T.C.S. (Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971), by adding Sections 5A and 5B, as follows: Sec. 5A. COMPLAINTS. Requires the Advisory Board of Athletic Trainers (board, for purposes of this section) to maintain a file on each written complaint filed with the board. Provides that the file must include specific information. Requires the board to provide the person filing the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution. Requires the board, at least quarterly until final disposition of the complaint, to notify the person who filed it and each person who is subject of the complaint of the status of the complaint, unless the notice would jeopardize an undercover operation. Sec. 5B. SUBPOENAS. (a) Authorizes the board to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the board. Authorizes the board to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Authorizes the subpoena to be served personally or by certified mail. (c) Authorizes the board, acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board may be held if a person fails to comply with the subpoena. (d) Requires the court to order a person to comply with a subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to obey the court order. (e) Authorizes the board to delegate the authority granted under Subsection (a) to the secretary-treasurer or executive secretary of the board. (f) Requires the board to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the board is authorized to charge for copies of its records. (g) Provides that the reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. SECTION 5. Amends Article 4512g, V.T.C.S. (The Licensed Professional Counselor Act) by amending Section 16D and 16E and by adding Section 16F, as follows: Sec. 16D. New title. SUBPOENAS. (a) Authorizes the Texas State Board of Examiners of Professional Counselors (board, for purposes of this section) to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the board. Authorizes the board to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Authorizes a subpoena to be served personally or by certified mail. (c) Authorizes the board, acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board may be held if a person fails to comply with the subpoena. (d) Requires the court to order a person to comply with a subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to obey the court order. (e) Authorizes the board to delegate the authority granted under Subsection (a) to the board's executive secretary. (f) Requires the board to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the board is authorized to charge for copies of its records. (g) Provides that the reimbursement of expenses of a witness whose attendance is compelled under this section is governed by Section 2001.03, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. Sec. 16E. INFORMAL PROCEEDINGS. (a) Requires the board to adopt, by rule, procedures governing informal disposition of a contested case under Section 2001.056, Government Code, instead of Section 13(e), Article 6252-13a, V.T.C.S. (Administrative Procedure and Texas Register Act) and its subsequent amendments; and informal proceedings held in compliance with Section 2001.054, Government Code, instead of Section 18(c), Article 6252-13a, V.T.C.S. (Administrative Procedure and Texas Register Act) and its subsequent amendments. (b) Makes no change. Sec. 16F. Redesignated from existing Section 16E. Makes no change. SECTION 6. Amends Article 4512h, V.T.C.S. (Licensed Dietitian Act), by amending Sections 16C and 16D and by adding Section 16E, as follows: Sec. 16C. SUBPOENAS. (a) Authorizes the Texas State Board of Examiners of Dietitians (board, for purposes of this section) to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the board. Authorizes the board to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Provides that a subpoena is authorized to be served personally or by certified mail. (c) Authorizes the board, if a person fails to comply with a subpoena and acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board is authorized to be held. (d) Requires the court to order a person to comply with the subpoena on finding of good cause for the subpoena's issuance. Authorizes the court to punish a person failing to obey the subpoena. (e) Authorizes the board to delegate the authority granted under Subsection (a) to the board's executive secretary. (f) Requires the board to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the board is authorized to charge for copies of its records. (g) Provides that reimbursement of expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. Sec. 16D. Updates statuatory references. Redesignated from Section 16C. Sec. 16E. Redesignated from existing Section 16D. Makes no change. SECTION 7. Amends Section 5(b), Article 4512j, V.T.C.S. (Chapter 381, Acts of the 68th Legislature, Regular Session, 1983), as follows: (b) Requires the State Board of Examiners for Speech-Language Pathology and Audiology to issue subpoenas, examine witnesses, and administer oaths under state law in connection with a hearing under Section19 of this Act. SECTION 8. Amends Article 4512j, V.T.C.S. (Chapter 381, Acts of the 68th Legislature, Regular Session, 1983), by adding Section 24A, a follows: Sec. 24A. SUBPOENAS. (a) Authorizes the State Board of Examiners for SpeechLanguage Pathology and Audiology (board, for the purposes of this section), to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the board. Authorizes the board to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Provides that a subpoena is authorized to be served personally or by certified mail. (c) Authorizes the board, if a person fails to comply with a subpoena and acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board is authorized to be held. (d) Requires the court to order a person to comply with the subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to obey the court order. (e) Authorizes the board to delegate the authority granted under Subsection (a) to the board's secretary-treasurer. (f) Requires the board to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the board is authorized to charge for copies of its records. (g) Provides that the reimbursement of expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. SECTION 9. Amends Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), by adding Sections 11A and 11B, as follows: Sec. 11A. COMPLAINTS. (a) Requires the Texas Board of Licensure for Professional Medical Physicists in the Texas Department of Health (board, for purposes of this section) to maintain a file on each written complaint filed with the board. Provides that the file must include certain information. (b) Requires the board to provide to the person filing the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution. (c) Requires the board, at least quarterly until final disposition of the complaint, to notify the person filing the complaint and each person who is subject of the complaint of the complaint status unless this notice would jeopardize an undercover investigation. Sec. 11B. SUBPOENAS. (a) Authorizes the board to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the board. Authorizes the board to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Provides that a subpoena is authorized to be served personally or by certified mail. (c) Authorizes the board, if a person fails to comply with a subpoena and acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board is authorized to be held. (d) Requires the court to order a person to comply with the subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to obey the court order. (e) Authorizes the board to delegate the authority granted under Subsection (a) to the board's executive secretary. (f) Requires the board to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the board is authorized to charge for copies of its records. (g) Provides that the reimbursement of expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. SECTION 10. Amends Article 4529e, V.T.C.S. (Licensed Perfusionists Act) by adding Section 19A, as follows: Sec. 19A. SUBPOENAS. (a) Authorizes the Texas State Board of Examiners of Perfusionists (board, for the purposes of this section), to request that the commissioner or commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the board. Authorizes the board to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Provides that a subpoena is authorized to be served personally or by certified mail. (c) Authorizes the board, if a person fails to comply with a subpoena and acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board is authorized to be held. (d) Requires the court to order a person to comply with the subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to obey the court order. (e) Authorizes the board to delegate the authority granted under Subsection (a) to the board's executive secretary. (f) Requires the board to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the board is authorized to charge for copies of its records. (g) Provides that the reimbursement of expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. SECTION 11. Amends Section 1.04(c), Article 4566-1.04 et seq., V.T.C.S. (Chapter 366, Acts of the 61st Legislature, Regular Session, 1969), as follows: (c) Requires the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, with the assistance of the Texas Department of Health, to issue subpoenas, examine witnesses, and administer oaths under state law in connection with a hearing under Section 1.11 (Disciplinary Actions) of this article. SECTION 12. Amends Article 4566-1.01 et seq., V.T.C.S. (Chapter 366, Acts of the 61st Legislature, Regular Session, 1969), by adding Section 1.12C, as follows: 1.12C. SUBPOENAS. (a) Authorizes the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments (committee, for the purposes of this section), to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the committee. Authorizes the committee to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Provides that a subpoena is authorized to be served personally or by certified mail. (c) Authorizes the committee, if a person fails to comply with a subpoena and acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the committee is authorized to be held. (d) Requires the court to order a person to comply with the subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to obey the court order. (e) Authorizes the committee to delegate the authority granted under Subsection (a) to the committee's vice-president. (f) Requires the committee to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the committee is authorized to charge for copies of its records. (g) Provides that the reimbursement of expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the committee in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license, the nature of those charges, disciplinary proceedings of the committee, and final disciplinary actions, including warnings and reprimands, by the committee are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. SECTION 13. Amends Section 5(d), Article 8920, V.T.C.S. (Orthotics and Prosthetics Act), as follows: (d) Authorizes the Texas Board of Orthotics and Prosthetics to issue subpoenas in connection with a hearing under Section 33 (Disciplinary Provisions) of this article. SECTION 14. Amends Article 8920, V.T.C.S. (Orthotics and Prosthetics Act), by adding Section 6A, as follows: Sec. 6A. SUBPOENAS. (a) Authorizes the Texas Board of Orthotics and Prosthetics (board, for the purposes of this section), to request that the commissioner of public health or the commissioner's designee approve the issuance of a subpoena in an investigation of a complaint filed with the board. Authorizes the board to issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state if the request is approved. (b) Provides that a subpoena is authorized to be served personally or by certified mail. (c) Authorizes the board, if a person fails to comply with a subpoena and acting through the attorney general, to file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the board is authorized to be held. (d) Requires the court to order a person to comply with the subpoena on finding that good cause exists for its issuance. Authorizes the court to punish a person failing to obey the court order. (e) Authorizes the board to delegate the authority granted under Subsection (a) to the board's executive director. (f) Requires the board to pay a reasonable fee for photocopies subpoenaed under this section not to exceed the amount the board is authorized to charge for copies of its records. (g) Provides that the reimbursement of expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code. (h) Specifies that all information and materials subpoenaed or compiled by the board in connection with a complaint and investigation are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in discipline of the holder of a license, except that this information may be disclosed to certain persons, programs, and agencies. (i) Specifies that the filing of formal charges against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure according to Section 552.001 et seq., Government Code. SECTION 15. Amends Section 241.051, Health and Safety Code, as follows: (a)-(c) Makes no change. (d) Specifies that all information and materials compiled by the Texas Department of Health (department) in connection with a complaint and investigation concerning a hospital are confidential and not subject to disclosure under Section 552.001 et seq., Government Code, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department or its employees or agents involved in the enforcement action except that this information may be disclosed to certain persons, hospitals, and agencies. (e) Specifies that certain information regarding a notice of alleged violation against a hospital, pleadings in an administrative proceeding, and a final decision or order is subject to disclosure in accordance with Section 552.001 et seq., Government Code. SECTION 16. Amends Section 577.013, Health and Safety Code, by adding Subsections (d) and (e), as follows: (d) Specifies that all information and materials compiled by the department in connection with a complaint and investigation concerning a mental hospital licensed under this chapter (Private Mental Hospitals and Other Mental Health Facilities) are confidential and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department or its employees or agents involved in the enforcement action except that this information may be disclosed to certain persons, mental hospitals, and agencies. (e) Specifies that certain information regarding a notice of alleged violation against a licensed mental hospital, pleadings in an administrative proceeding, and a final decision or order by the department is subject to disclosure in accordance with Section 552.001 et seq., Government Code. SECTION 17. Makes the change in law made by this Act prospective to a complaint filed on or after the effective date of this Act. SECTION 18.Emergency clause. Effective date: upon passage.