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RULE §160.19Subpoenas; Confidentiality of Information

(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.

Source Note: The provisions of this §160.19 adopted to be effective July 7, 2016, 41 TexReg 4819

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