Open Records Requests

Contents of TSBDE investigative files are frequently requested by members of the public and media. Such items include, but are not limited to: dental or medical records; copies of complaints, including a licensee’s communication to TSBDE when self-reporting a patient death or hospitalization; expert reports; investigative reports; and communications by TSBDE investigators and staff.

While governmental bodies have a general duty to disclose information in their possession when it is requested by the public, there are some exceptions to that requirement. An exception that applies in this situation is when the information is confidential by law. “Information is excepted from [required public disclosure] if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision.” Abbot, Office of the Attorney General – Public Information Handbook, p. 70, 2014, citing Tex. Gov’t Code § 552.101.

The relevant statute applicable to TSBDE investigative files is the Texas Occupations Code § 254.006:

Sec. 254.006. BOARD RECORDS AND CONFIDENTIALITY OF RECORDS.

(a) Except as provided by this section, the investigation files and other records of the board are public records and open to inspection at reasonable times.

(b) Investigation files and other records are confidential, except the board shall inform the license holder of the specific allegations against the license holder. The board may share investigation files and other records with another state regulatory agency or a local, state, or federal law enforcement agency.

(c) The exception from public disclosure of investigation files and records provided by this section does not apply to the disclosure of a disciplinary action of the board, including:

(1) the revocation or suspension of a license;

(2) the imposition of a fine on a license holder;

(3) the placement on probation with conditions of a license holder whose license has been suspended;

(4) the reprimand of a license holder; or

(5) the issuance of a warning letter to a license holder.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.076(a), eff. Sept. 1, 2001.

Amended by: Acts 2013, 83rd Leg., R.S., Ch. 709 (H.B. 3201), Sec. 2, eff. January 1, 2014.

Generally, requests for the contents of TSBDE investigative files are requests for confidential information. TSBDE staff is bound by law to handle the dissemination of these records in accordance with the Texas Occupations Code. “Investigation files and other records are confidential . . . the board may share investigation files with another state agency, or a local, state, or federal law enforcement agency.” Tex. Occ. Code § 254.006(b). However, if an investigation results in a public action of the Board, the Order or Remedial Plan is public information that is disclosed. See Tex. Occ. Code § 254.006(c).

If a public information inquiry includes a request for copies of the contents of TSBDE investigative files, the TSBDE Open Records Department will provide any information that is not confidential by law, and advise the requestor about Tex. Occ. Code § 254.006(b). The TSBDE response will request clarification for potentially confidential items and ask requestors whether or not they wish to modify or the request. Click to view the previous determination OR2016-03778 from the Office of the Attorney General authorizing the TSBDE to withhold confidential investigative files. 

If the requestor wishes to maintain the request for confidential information, TSBDE will seek a determination by the Attorney General of Texas as to whether or not it may disclose or withhold the requested information.