| (a) Confidentiality. All complaints, adverse reports,
investigation files, other investigation reports, and other investigative
information in the possession of, or received, or gathered by the
board, the Medical Board, or such boards' employees or agents relating
to a certificate, registration, permit, or an application for such
approval, 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, the Medical Board, or the boards' employees or agents involved
in discipline of individuals subject to the Act.
(b) Patient identity. In any disciplinary investigation
or proceeding regarding an individual subject to the Act and conducted
under or pursuant to the Act, the board shall protect the identity
of any patient whose medical records are examined and utilized in
a public proceeding except for those patients who testify in the public
proceeding or who submit a written release in regard to their records
or identity.
(c) Permitted disclosure of investigative information.
Investigative information in the possession of the board, the Medical
Board, or its employees or agents which relates to licensee discipline
and information contained in such files may not be disclosed except
in the following circumstances:
(1) a licensing authority in another state or country
in which the certificate holder or person is licensed, certified,
or permitted or has applied for a license, certification, or permit;
or
(2) a medical peer review committee reviewing:
(A) an application for privileges; or
(B) the qualifications of the certificate holder or
person with respect to retaining privileges; and
(C) to other persons if required during the investigation.
(d) If investigative information in the possession
of the board, the Medical board, or an employee or agent of the board
or medical board indicates that a crime may have been committed, the
board or Medical board, as appropriate, shall report the information
to the proper law enforcement agency. The board and Medical board
shall cooperate with and assist each law enforcement agency conducting
a criminal investigation of a person subject to the Act by providing
information relevant to the investigation. Confidential information
disclosed to a law enforcement agency under this subsection remains
confidential and may not be disclosed by the law enforcement agency
except as necessary to further the investigation.
(e) Complaints. The board shall keep information on
file about each complaint filed with the board, consistent with the
Act. If a written complaint is filed with the board that the board
has the authority to resolve relating to a person subject to the Act,
the board, at least as frequently as quarterly and until final determination
of the action to be taken relative to the complaint, shall notify
in a manner consistent with the Act the parties to the complaint of
the status of the complaint unless the notice would jeopardize an
active investigation.
(f) Renewal of certificates, registration, or permits.
A certificate, registration, or permit holder shall furnish a written
explanation of his or her answer to any question asked on the application
for certificate, registration, or permit renewal, if requested by
the board. This explanation shall include all details as the board
may request and shall be furnished within 14 days of the date of the
board's request.
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