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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 K. PROFESSIONS RELATED TO USE OF CERTAIN MEDICAL EQUIPMENT |
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Chapter 603. PERFUSIONISTS |
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Subchapter E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES |
Sec. 603.2041. SUBPOENAS
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(a) In an investigation of a complaint filed with the department, the department may request that the commissioner or the commissioner's designee approve the issuance of a subpoena. If the request is approved, the department may 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.
(b) A subpoena may be served personally or by certified mail.
(c) If a person fails to comply with a subpoena, the department, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or in the county in which a hearing conducted by the department may be held.
(d) On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may punish a person who fails to obey the court order.
(e) The commissioner may delegate the authority granted under Subsection (a) to the executive secretary of the committee.
(f) The department shall pay a reasonable fee for photocopies subpoenaed under this section in an amount not to exceed the amount the department may charge for copies of its records.
(g) The reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code.
(h) All information and materials subpoenaed or compiled by the department in connection with a complaint and investigation 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 department 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 department in a disciplinary action against the holder of a license;
(2) professional perfusionist licensing or disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the department 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 department against a holder of a license, the nature of those charges, disciplinary proceedings of the department, and final disciplinary actions, including warnings and reprimands, by the department are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.