(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.

Terms Used In Texas Occupations Code 565.055

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005
  • Subpoena: A command to a witness to appear and give testimony.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(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.

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