HBA-MSH H.B. 2407 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2407 By: Gray Public Health 4/17/2001 Introduced BACKGROUND AND PURPOSE The 76th Legislature gave certain licensing boards within the Texas Department of Health (TDH) subpoena power to aid in the investigation of complaints against licensees. A provision was included that guaranteed the confidentiality of materials compiled by the board in relation to the complaint with certain stipulated exceptions. Prior to this legislation, TDH would release a complaint history on any of its licensees. Because the legislation did not include this history within the information subject to open records, the attorney general ruled against the continued release of the complaint histories. House Bill 2407 repeals provisions guaranteeing the confidentiality of complaint related information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2407 amends law to remove provisions that provide that all information and materials subpoenaed or compiled by certain health-related agencies in connection with a complaint and investigation are confidential and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than certain authorized persons involved in discipline of the holder of a license. The bill also removes provisions that provide that the filing of formal charges by those agencies against a holder of a license, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions including warnings and reprimands are not confidential and are subject to disclosure. EFFECTIVE DATE September 1, 2001.