GOVERNMENT CODE

TITLE 7. INTERGOVERNMENTAL RELATIONS

CHAPTER 774. EXCHANGE OF INFORMATION BETWEEN REGULATORY AGENCIES

Sec. 774.001.  DEFINITIONS.  In this chapter:
(1)  "Health care provider" means a person who has been issued a license by a health care regulatory agency.
(2)  "Health care regulatory agency" means a regulatory agency that:
(A)  appoints a member of the Health Professions Council;  or
(B)  is supervised by the health licensing division of the Texas Department of Health.
(3)  "License" includes a license, certificate, registration, permit, or other authorization, required by law or state agency rule, that a person must obtain to practice or engage in a particular business or occupation.
(4)  "Regulatory agency" means an agency, including a department, commission, board, or office, that:
(A)  is created by the constitution or by statute;
(B)  is in the executive branch of state government;
(C)  has statewide authority;  and
(D)  has authority to deny, grant, renew, revoke, or suspend a license.
Added by Acts 1997, 75th Leg., ch. 630, Sec. 1, eff. Sept. 1, 1997.

Sec. 774.002.  DUTY TO EXCHANGE INFORMATION.  (a)  A health care regulatory agency that, in the course of an audit, review, investigation, or examination of a complaint, obtains information pertaining to the complaint that it believes may be grounds for another health care regulatory agency to conduct an investigation of or institute a disciplinary proceeding against a health care provider shall forward the information and any subsequently obtained information or final determination regarding the health care provider to the other health care regulatory agency.
(b)  Information that may be grounds for investigative or disciplinary action by another health care regulatory agency includes information:
(1)  that relates to a violation of a rule or statute enforced by the other health care regulatory agency;  or
(2)  that, in the good faith belief of the agency obtaining the information, is likely to lead to the discovery of a violation of a rule or statute enforced by the other health care regulatory agency.
(c)  Information forwarded by a health care regulatory agency under this section that is privileged or confidential retains its privileged or confidential nature following the receipt by another health care regulatory agency.  The privilege or confidentiality extends to any agency communication concerning the information forwarded, regardless of the form, manner, or content of the communication.
(d)  The forwarding of privileged or confidential information by a health care regulatory agency does not waive a privilege in or create an exception to the confidentiality of the information.
(e)  An agency's provision of information or failure to provide information under this section does not give rise to a cause of action against the agency.
Added by Acts 1997, 75th Leg., ch. 630, Sec. 1, eff. Sept. 1, 1997.

Sec. 774.003.  PROCEDURE FOR EXCHANGE OF INFORMATION.  (a)  A health care regulatory agency shall establish and implement written procedures to ensure that information obtained that is required to be forwarded under Section 774.002 is forwarded to the appropriate health care regulatory agency not later than the 15th day after the date the agency determines that the information is information that it believes may be grounds for another health care regulatory agency to conduct an investigation of or institute a disciplinary proceeding against a health care provider under Section 774.002.
(b)  A procedure adopted under this section must provide that the executive head of a health care regulatory agency or the executive head's designee may forward information under this section only to the executive head or the executive head's designee of the appropriate health care regulatory agency.
(c)  In this section, "executive head" means the director, executive director, commissioner, administrator, chief clerk, or other individual who is appointed by the governing body or highest officer of a health care regulatory agency to act as the chief executive or administrative officer of the agency and who is not an appointed officer.
Added by Acts 1997, 75th Leg., ch. 630, Sec. 1, eff. Sept. 1, 1997.