Sec. 577.013. INVESTIGATIONS. (a) The department may make investigations it considers necessary and proper to obtain compliance with this subtitle and the department's rules and standards.
(b) An agent of the department may at any reasonable time enter the premises of a private mental hospital or mental health facility licensed under this chapter to:
(1) inspect the facilities and conditions;
(2) observe the hospital's or facility's care and treatment program; and
(3) question the employees of the hospital or facility.
(c) An agent of the department may examine or transcribe any records or documents relevant to the investigation.
(d) All information and materials obtained or compiled by the department in connection with a complaint and investigation concerning a mental hospital licensed under this chapter are confidential and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the department or its employees or agents involved in the enforcement action except that this information may be disclosed to:
(1) persons involved with the department in the enforcement action against the licensed mental hospital;
(2) the licensed mental hospital that is the subject of the enforcement action, or the licensed mental hospital's authorized representative;
(3) appropriate state or federal agencies that are authorized to inspect, survey, or investigate licensed mental hospital services;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all individual-identifying information and information identifying the licensed mental hospital has been deleted.
(e) The following information is subject to disclosure in accordance with Section 552.001 et seq., Government Code:
(1) a notice of alleged violation against the licensed mental hospital, which notice shall include the provisions of law which the licensed mental hospital is alleged to have violated, and the nature of the alleged violation;
(2) the pleadings in the administrative proceeding; and
(3) a final decision or order by the department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1999, 76th Leg., ch. 1444, Sec. 16, eff. Aug. 30, 1999.
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