Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 565.055 - Investigation; Confidentiality of Information(a) The board or the board's authorized representative may investigate and gather evidence concerning any alleged violation of this subtitle or a board rule.(b) Information or material compiled by the board in connection with an investigation, including an investigative file of the board, is confidential and not subject to: (1) disclosure under Chapter 552, Government Code; or(2) any means of legal compulsion for release, including disclosure, discovery, or subpoena, to anyone other than the board or a board employee or board agent involved in discipline of a license holder.(c) Notwithstanding Subsection (b), information or material compiled by the board in connection with an investigation may be disclosed: (1) during any proceeding conducted by the State Office of Administrative Hearings, to the board, or a panel of the board, or in a subsequent trial or appeal of a board action or order;(2) to a person providing a service to the board, including an expert witness, investigator, or employee of an entity that contracts with the board, related to a disciplinary proceeding against an applicant or license holder, or a subsequent trial or appeal, if the information is necessary for preparation for, or a presentation in, the proceeding;(3) to an entity in another jurisdiction that:(A) licenses or disciplines pharmacists or pharmacies; or(B) registers or disciplines pharmacy technicians or pharmacy technician trainees;(4) to a pharmaceutical or pharmacy peer review committee as described under Chapter 564;(5) to a law enforcement agency;(6) to a person engaged in bona fide research, if all information identifying a specific individual has been deleted; or(7) to an entity that administers a board-approved pharmacy technician certification examination.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 583,Sec. 16, eff. 6/14/2013.Amended By Acts 2011, 82nd Leg., R.S., Ch. 923, Sec. 6, eff. 6/17/2011.Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.311(a), eff. 9/1/2001. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.