All complaints, adverse reports, investigation files, other investigation reports, and other investigative information in the possession of, received or gathered by the board shall be confidential as provided by the Medical Practice Act ("the Act"), Title 3 Subtitle B Tex. Occ. Code Ann. and no employee, agent, or member of the board may disclose information contained in such files except in the following circumstances:

1. (1) to the appropriate licensing authorities in other states, the District of Columbia, or a territory or country in which the physician is licensed;
2. (2) to a peer review committee considering a physician's application to obtain or retain privileges;
3. (3) to appropriate law enforcement agencies if the investigative information indicates a crime may have been committed;
4. (4) to a health care entity upon receipt of written request. Disclosures by the board to a health care entity shall include only information concerning whether a complaint has been filed, whether the licensee is under investigation, the basis of the complaint or investigation, and its current status; and
5. (5) to other persons if required during the course of the investigation.

Source Note:The provisions of this §179.1 adopted to be effective January 1, 1976; amended to be effective December 29, 1987, 12 TexReg 4681; amended to be effective June 29, 2003, 28 TexReg 4633.