Sec. 206.155. LICENSE HOLDER ACCESS TO COMPLAINT INFORMATION  


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  • (a) The medical board shall provide a license holder who is the subject of a formal complaint filed under this chapter with access to all information in its possession that the medical board intends to offer into evidence in presenting its case in chief at the contested hearing on the complaint, subject to any other privilege or restriction established by rule, statute, or legal precedent. The medical board shall provide the information not later than the 30th day after receipt of a written request from the license holder or the license holder's counsel, unless good cause is shown for delay.

    (b) Notwithstanding Subsection (a), the medical board is not required to provide:

    (1) medical board investigative reports;

    (2) investigative memoranda;

    (3) the identity of a nontestifying complainant;

    (4) attorney-client communications;

    (5) attorney work product; or

    (6) other material covered by a privilege recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence.

    (c) The provision of information does not constitute a waiver of privilege or confidentiality under this chapter or other law.

Added by Acts 2001, 77th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 2001.