Tex. Occ. Code § 301.466 · Subchapter J. PROHIBITED PRACTICES AND DISCIPLINARY ACTIONS
CONFIDENTIALITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A complaint and investigation concerning a nurse under this subchapter, all information and material compiled by the board in connection with the complaint and investigation, and the information described by Subsection (d) are:
(1) confidential and not subject to disclosure under Chapter 552, Government Code; and
(2) not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to anyone other than the board or a board employee or agent involved in license holder discipline.
(b) Notwithstanding Subsection (a), information regarding a complaint and an investigation may be disclosed to:
(1) a person involved with the board in a disciplinary action against the nurse;
(2) a nursing licensing or disciplinary board in another jurisdiction;
(3) a peer assistance program approved by the board under Chapter 467, Health and Safety Code;
(4) a law enforcement agency; or
(5) a person engaged in bona fide research, if all information identifying a specific individual has been deleted.
(c) The filing of formal charges against a nurse by the board, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.
(d) Notwithstanding Subsection (c), if the board orders a nurse to participate in a peer assistance program approved by the board under Section 467.003, Health and Safety Code, the complaint, filing of formal charges, nature of those charges, final board order, and disciplinary proceedings are subject to disclosure:
(1) only to the same extent as information regarding a complaint is subject to disclosure under Subsection (b); or
(2) in a subsequent matter relating to the board order or a subsequent violation of this chapter or a board rule.
Notes and commentary — not statutory text
History
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.053, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 10, eff. September 1, 2013.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.301.htm
- Text hash
- sha256 2838c3181c220639eecafcd785acc2a78fd1ac32cf2ac7ab79fa9b893bcd24e5
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Occ. Code § 301.466. Each shows the citation as that text prints it.
Occupations Code
- Tex. Occ. Code § 301.207CONFIDENTIALITY OF INFORMATION PROVIDED FOR LICENSURE.Printed as Section 301.466
- Tex. Occ. Code § 301.417CONFIDENTIALITY REQUIREMENTS; DISCLOSURE OF INFORMATION.Printed as Section 301.466
- Tex. Occ. Code § 301.418DISCLOSURE OF CHARGES OR DISCIPLINARY ACTION.Printed as Section 301.466
- Tex. Occ. Code § 301.652IMPOSITION OF CORRECTIVE ACTION.Printed as Section 301.466
- Tex. Occ. Code § 301.6555DEFERRED ACTION.Printed as Section 301.466
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.