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Open Records & The Texas Public Information Act

Texas law gives you the right to access government records. All government information is presumed to be available to the public; however, certain exceptions may apply to the disclosure of the information.

Governmental bodies are to promptly release requested information that is not confidential by law or information for which an exception to disclosure has been sought.

Please click on the tabs below for additional information about requesting open records from TMB.  

 

Exceptions to the Public Information Act

TMB receives a large number of public information requests for:

  • complaint information and investigative files,
  • disciplinary hearing materials, and
  • licensure application files. 

These materials are the subject of two Texas Attorney General decisions that establish that these materials are specifically exempt from disclosure under the Texas Public Information Act (PIA). Consequently, when making a request to TMB under the PIA, please note that these documents/materials are excepted from release to the public by two Pre-Determination letters from the Office of the Attorney General, available at the links below:  

 

 

  • Rights of Requestors

    As a requestor, you have the right to:

    • have prompt access to information that is not confidential or otherwise protected;
    • receive treatment equal to all other requestors, including accommodation in accordance with ADA requirements;
    • receive a statement of estimated charges, when charges exceed $40, in advance of work being started and opportunity to renegotiate the request if charges are too high;
    • choose whether to inspect the requested information at a time mutually acceptable to the agency and the requestor; receive copies of the information; or both;
    • receive a waiver or reduction of charges if our agency determines that access to the information primarily benefits the general public;
    • receive notice if we ask the Office of the Attorney General for a ruling on whether the information can be withheld under one of the accepted exceptions;
    • lodge a complaint about charges for public records and a complaint related to other possible violations with the county attorney, criminal district attorney, or Office of the Attorney General.

    Responsibilities of Governmental Bodies

    All governmental bodies responding to information requests have the responsibility to:

    • establish reasonable procedures for inspecting and copying public information and inform requestors of these procedures;
    • treat all requestors equally, including accommodation in accordance with ADA requirements;
    • be informed about open records laws and educate employees on the requirements of those laws;
    • inform requestors of the estimated charges greater than $40 and any changes in the estimates, and confirm that the requestor agrees in writing to pay the costs before finalizing the request;
    • inform requestors if the information cannot be provided promptly and establish a date and time to provide it within a reasonable time;
    • contact requestors who wish to review records to set up a mutually agreeable time for doing so;
    • ask for a ruling from the Office of the Attorney General regarding any information to be withheld, and inform the requestor of this request for ruling;
    • segregate public information from information that might be withheld and provide that public information promptly;
    • inform third parties if their proprietary information is being requested from the governmental body;
    • respond in writing to all written communications from the General Services Commission or the Office of the Attorney General regarding complaints about violations of the Act.

    Procedures to Request and Obtain Information

    • Submit a written request (mail, fax, e-mail or in person) according to the agency's procedures.  Please click on the last tab for information on how to request open records.  
    • Include enough description and detail about the information requested to enable our agency to accurately identify and locate the items requested.
    • Include a mailing address if you wish to have the copies mailed to you.
    • Cooperate with our reasonable efforts to clarify the type or amount of information requested.

    Information to be released

    ·       Information will be mailed if the requestor wishes; or

    ·       Requestors may review it at a time mutually acceptable to the requestor and the agency. If it cannot be produced within 10 working days, the public information department will notify the requestor in writing of the reasonable date and time when it will be available. Once a requestor has been notified that information is available, it is necessary to keep appointments to inspect records or pick up copies or risk losing the opportunity to see the information.

    Cost of Records

    • Requestors must respond to any written estimate of charges within 10 days of the date we send it, or the request may be deemed withdrawn.
    • If estimated costs exceed $100, our agency may require a bond, prepayment or deposit.
    • Requestors may ask us to determine whether providing the information primarily benefits the general public, which may result in a waiver or reduction of charges.
    • Requestors are obligated to make a timely payment for all mutually agreed charges. A governmental body can demand payment of overdue balances exceeding $100, or obtain a security deposit, before processing additional requests from you.

    How to Request Information from this Agency

     

    1. Address your written request to:

     

    Open Records

    Texas Medical Board

     

    1. You may send your request by:

     

    mail to:          P.O. Box 2018, Austin TX 78768

    e-mail to:       openrecords@tmb.state.tx.us

    fax to:            512-305-7051

    in person at:  333 Guadalupe, Suite 3-610, Austin TX 78701

    Please provide a phone number so that we may contact you if we have questions, and a mailing address if you wish to have information sent to you. If you wish to view records you will be contacted to set up an appointment.

    For more information on making an open records request visit the Attorney General's website at https://www.texasattorneygeneral.gov/og/how-to-request-public-information. Information on charges for public information is also available on the Attorney General’s website at https://www.texasattorneygeneral.gov/og/charges-for-public-information or by calling (512) 475-2497 or toll-free at (888) 672-6787.

    For complaints regarding failure to release public information, you may contact the Office of the Attorney General, Open Records Division Hotline, at (512) 478-6736 or toll-free at (877) 673-6839.  Additional information is available at: https://www.texasattorneygeneral.gov/og/complaints-enforcement.

    If you need special accommodation pursuant to the Americans With Disabilities Act (ADA), please contact our ADA Coordinator, Maria Moreno, at Maria.Moreno@tmb.state.tx.us. Please address any questions about this open records policy to the Office of the General Counsel at GeneralCounsel@tmb.state.tx.us.