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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 3. HEALTH PROFESSIONS |
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Subtitle J. PHARMACY AND PHARMACISTS |
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Chapter 565. DISCIPLINARY ACTIONS AND PROCEDURES; REINSTATEMENT OF LICENSE |
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Subchapter B. DISCIPLINARY ACTIONS AND PROCEDURES |
Sec. 565.055. INVESTIGATION; CONFIDENTIALITY OF INFORMATION
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(a) The board or the board's authorized representative may investigate and gather evidence concerning any alleged violation of this subtitle or a board rule.
(b) Information or material compiled by the board in connection with an investigation, including an investigative file of the board, is confidential and not subject to:
(1) disclosure under Chapter 552, Government Code; or
(2) any means of legal compulsion for release, including disclosure, discovery, or subpoena, to anyone other than the board or a board employee or board agent involved in discipline of a license holder.
(c) Notwithstanding Subsection (b), information or material compiled by the board in connection with an investigation may be disclosed:
(1) during any proceeding conducted by the State Office of Administrative Hearings, to the board, or a panel of the board, or in a subsequent trial or appeal of a board action or order;
(2) to a person providing a service to the board, including an expert witness, investigator, or employee of an entity that contracts with the board, related to a disciplinary proceeding against an applicant or license holder, or a subsequent trial or appeal, if the information is necessary for preparation for, or a presentation in, the proceeding;
(3) to an entity in another jurisdiction that licenses or disciplines pharmacists or pharmacies;
(4) to a pharmaceutical or pharmacy peer review committee as described under Chapter 564;
(5) to a law enforcement agency;
(6) to a person engaged in bona fide research, if all information identifying a specific individual has been deleted; or
(7) under a court order.