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1997 SESSION

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HB 1713 Health regulatory boards; disciplinary proceedings.

Introduced by: Joyce K. Crouch | all patrons    ...    notes | add to my profiles

SUMMARY:

Information relating to complaints, investigations, and disciplinary proceedings; penalty. Requires all health regulatory boards to hold information received and maintained in connection with possible disciplinary proceedings as confidential. Health regulatory boards may disclose such information during disciplinary proceedings or in any subsequent trial or appeal of an action or order, to regulatory authorities, to hospital practice privilege committees, pursuant to a court order, or to qualified personnel for bonafide research or educational purposes (if personally identifiable information relating to the person is first deleted). This confidential information is not available for discovery or court subpoena or to be introduced into evidence in any medical malpractice suit or other action for damages arising out of service disputes. Physician-patient or practitioner-patient privilege does not operate in health regulatory board investigations or proceedings; disclosure of such information does not, however, waive the privilege in another proceeding. The Director of the Department of Health Professions is specifically noted as not being constrained by this law in reporting violations of the Drug Control Act. The Director also maintains his authority to report aggregate data. At this time, only three health regulatory boards, i.e., dentistry, medicine, and psychology, have the above described statutory authority. This provision has local fiscal impact as a misdemeanor only.


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