Open Records Decision No. 276
July 7, 1981

	Re:  Whether information regarding an investigation of a licensee of the Board of 
Dental Examiners is available to the public

Mr. William S. Nail
Executive Director
Texas State Board of Dental Examiners
718 Southwest Tower
Seventh & Brazos Streets
Austin, Texas  78701

Dear Mr. Nail:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether information regarding an investigation of a licensee of the Board 
of Dental Examiners is available to the public.

	You state that a dentist has applied for appointment to the medical staff of a 
private hospital.  The hospital has asked the board to furnish details regarding any “past 
difficulties with alcohol and drug abuse.”  You have submitted to us a copy of a 1976 
investigation report of the dentist in question.  No further investigation was made after 
1976.

	Section 3(a)(1) of the Open Records Act excepts “information deemed 
confidential by law.”  Article 4550, V.T.C.S., provides, in pertinent part:

All of the records and files of the Texas State Board of Dental 
Examiners shall be public records and open to inspection at 
reasonable times, except the investigation files and records which 
shall be confidential and their contents may not be forced to be 
divulged until after the investigation is complete or has been 
inactive for 60 days at which time this exception expires and the 
records open to inspection.

Since the 1976 investigation is now inactive, it is clear that all records pertaining thereto 
are now subject to disclosure under article 4550.  Furthermore, the Open Records Act 
specifically makes public information currently regarded by agency policy as open to the 
public.  Sec. 6(15).  It does not authorize the withholding of information to the public, 
except as expressly provided.  Sec. 14(b).  It is thus our decision that the information 
contained in a 1976 investigation report of a particular licensee is not excepted from 
disclosure under any provision of the Open Records Act.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gray III
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
Walter Davis
Rick Gilpin
Jim Moellinger
Bruce Youngblood