| (a) The executive director of the medical board, the
director's designee, or the secretary treasurer of the medical board
may issue a subpoena or subpoena duces tecum:
(1) to conduct an investigation or a contested case
proceeding related to:
(A) alleged misconduct by a medical physicist;
(B) an alleged violation of this chapter or another
law related to the practice of medical physics; or
(C) the provision of health care under this chapter;
or
(2) for purposes of determining whether to issue, suspend,
restrict, or revoke a license under this chapter. If the request is
approved, the executive director of the medical board, the director's
designee, or the secretary treasurer of the medical board may issue
a subpoena to compel the attendance of a relevant witness or the production,
for inspection or copying, of relevant evidence that is in this state.
(b) Failure to timely comply with a subpoena issued
under this section is a ground for:
(1) disciplinary action by the medical board or another
licensing or regulatory agency with jurisdiction over the person subject
to the subpoena; and
(2) denial of a license application.
(c) A subpoena may be served personally or by certified
mail.
(d) If a person fails to comply with a subpoena, the
board, acting through the attorney general, may file suit to enforce
the subpoena in a district court in Travis County or in the county
in which a hearing conducted by the board may be held.
(e) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the subpoena.
(f) All information and materials subpoenaed or compiled
by the medical board in connection with a complaint and investigation
are confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery, subpoena,
or other means of legal compulsion for their release to anyone other
than the medical board or its agents or employees who are involved
in discipline of the holder of a license, except that this information
may be disclosed to:
(1) persons involved with the medical board in disciplinary
action against the holder of a license;
(2) professional medical physics licensing or disciplinary
boards in other jurisdictions;
(3) peer assistance programs approved by the medical
board under Chapter 467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all individual-identifying
information has been deleted.
|
