Sec. 604.173. ACCESS TO COMPLAINT INFORMATION. (a) Except as provided by Subsection (b), the advisory board shall provide a person who is the subject of a formal complaint filed under this chapter with access to all information in its possession that the advisory 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 advisory board shall provide the information not later than the 30th day after receipt of a written request from the person or the person's counsel, unless good cause is shown for delay.
(b) The advisory board is not required to provide:
(1) advisory 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) Providing information under this section does not constitute a waiver of privilege or confidentiality under this chapter or other law.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.181, eff. September 1, 2015.
Structure Texas Statutes
Subtitle K - Professions Related to Use of Certain Medical Equipment
Chapter 604 - Respiratory Care Practitioners
Subchapter D. -1. Complaints and Investigative Information
Section 604.171. Complaint Information and Status
Section 604.172. Conduct of Investigation
Section 604.173. Access to Complaint Information
Section 604.174. Health Care Entity Request for Information
Section 604.175. Confidentiality of Investigative Information
Section 604.176. Permitted Disclosure of Investigative Information