| (2) All information and materials obtained or compiled
by the department in connection with a complaint and investigation
concerning a facility licensed under this chapter are confidential
and not subject to disclosure, discovery, subpoena, or other means
of legal compulsion for their release to anyone other than the department
or its employees or agents involved in the enforcement action except
that this information may be disclosed to:
(A) persons involved with the department in the enforcement
action against the facility;
(B) the facility that is the subject of the enforcement
action, or the facility's authorized representative;
(C) appropriate state or federal agencies that are
authorized to inspect, survey, or investigate licensed mental facility
services;
(D) law enforcement agencies; and
(E) persons engaged in bona fide research, if all individual-identifying
information and information identifying the facility has been deleted.
(3) The following information is subject to disclosure
in accordance with Government Code, §552.001 et seq.
(A) a notice of alleged violation against the facility,
which notice shall include the provisions of law which the facility
is alleged to have violated, and the nature of the alleged violation;
(B) the pleadings in the administrative proceeding;
and
(C) final decision or order by the department.
|
| Source Note: The provisions of this §510.81 adopted to be effective January 1, 2004, 28 TexReg 5154; amended to be effective May 9, 2004, 29 TexReg 4159; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469 |
