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RULE §188.18Investigations

(a) Investigation of complaints shall be conducted in accordance with Chapter 178 of this title (relating to Complaints) and Chapter 179 of this title (relating to Investigations) and referred to an informal settlement conference in accordance with Chapter 187 of this title (relating to Procedural Rules), if appropriate. If the provisions of Chapters 178, 179 or 187 of this title conflict with the Act or rules under this chapter, the Act and provisions of this chapter shall control.

(b) Confidentiality. All complaints, adverse reports, monitoring reports, investigation files, investigation materials, investigative reports, and other investigative information in the possession of, or received, or gathered by the board or its employees or agents relating to a person, licensee, an application for license, or a criminal investigation or proceeding are privileged and confidential and are not subject to discovery, subpoena, or other means of legal compulsion for their release to anyone other than the board or its employees or agents involved in the investigation or discipline of a person or license holder.

(c) Permitted disclosure of investigative information. Investigative information in the possession of the board or its employees or agents that relates to discipline of a licensee and information contained in such files may not be disclosed except in the following circumstances:

  (1) to the appropriate licensing or regulatory authorities in other states or the District of Columbia or a territory or country where the perfusionist is licensed, registered, or certified or has applied for a license;

  (2) to a peer assistance program approved by the board under Chapter 467, Health and Safety Code;

  (3) to appropriate law enforcement agencies if the investigative information indicates a crime may have been committed and the board shall cooperate with and assist all law enforcement agencies conducting criminal investigations of licensees by providing information relevant to the criminal investigation to the investigating agency and any information disclosed by the board to an investigative agency shall remain confidential and shall not be disclosed by the investigating agency except as necessary to further the investigation; or

  (4) persons engaged in bona fide research, if all individual-identifying information has been deleted.

Source Note: The provisions of this §188.18 adopted to be effective July 7, 2016, 41 TexReg 4828

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