| (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.
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