Open Records Decision No. 384
May 26, 1983

	Re:  Whether certain ambulance activity reports are available to the public under 
the Open Records Act

Robert Bernstein, M.D., FACP
Commissioner
Texas Department of Health
1100 West 49th Street
Austin, Texas  78756

Dear. Dr. Bernstein:

	You have asked whether the Open Records Act, article 6252-17a, V.T.C.S., 
requires you to release certain ambulance activity reports that were filed with the 
department by the Kerr County Emergency Medical Service.  You suggest that the 
portions of these reports that contain information relating to the illness or injury of the 
persons who were transported are “confidential” within the meaning of section 3(a)(1) of 
the Open Records Act, which excepts from required public disclosure information 
deemed confidential by law.

	Article 4447d, V.T.C.S., provides in relevant part:

	Section 1.	Any . . . organization may provide information, 
interviews, reports, statements, memoranda, or other data relating to 
the condition and treatment of any person to the State Department of 
Health . . . to be used in the course of any study for the purpose of 
reducing morbidity or mortality, . . .

	Sec. 2.	The State Department of Health . . . shall use or 
publish said material only for the purpose of advancing medical 
research or medical education in the interest of reducing morbidity 
or mortality, except that a summary of such studies may be released 
by any such group for general publication.  The identity of any 
person whose condition or treatment has been studied shall be 
confidential and shall not be revealed under any circumstances 
except in the case of immunization surveys. . . With the exception of 
immunization information, all information, interviews, reports, 
statements, memoranda, or other data furnished by reason of this 
Act and any findings or conclusions resulting from such studies are 
declared to be privileged.  (Emphasis added).

	In your brief, you stated:

	The department receives these reports from the Kerr County 
EMS for the purpose of promoting the prompt and efficient delivery 
of adequate emergency medical services to high risk infants during 
the neonatal period and persons who are injured or suffering from 
acute illness.  See V.T.C.S. art. 4447o, §2(a).  This purpose, of 
course, is part of the department's general public health purpose of 
reducing morbidity or mortality.

	We believe that the portions of the EMS reports at issue here constitute 
“information . . . or other data relating to the condition and treatment of any person” 
within the meaning of section 1 of article 4447d.  Assuming that this information is in 
fact used for the purpose which you have described, we further believe that this 
information may be said to be used “in the course of any study for the purpose of 
reducing morbidity or mortality” within the meaning of section 1 thereof and “for the 
purpose of advancing medical research or medical education in the interest of reducing 
morbidity or mortality” within the meaning of section 2 thereof.  Accordingly, this 
information is “privileged” within the meaning of section 2.

	Although this office has issued one decision holding that the words “privileged” 
and “confidential” are not synonymous, Open Records Decision No. 290 (1981), other 
decisions have taken the contrary view.  See, e.g., Open Records Decision No. 251 
(1980).  Open Records Decision No. 290 dealt with a particular statute wherein a 
contrary construction would have produced absurd consequences; accordingly, that 
decision must be limited to its own particular facts.  We believe that in this case 
“privileged” and “confidential” are synonymous.  We therefore conclude that the illness 
and injury information about which you have inquired is “confidential” within the 
meaning of section 3(a)(1) of the Open Records Act.

Very truly yours,

Jim Mattox
Attorney General of Texas

Tom Green
First Assistant Attorney General

David R. Richards
Executive Assistant Attorney General

Prepared by Jon Bible
Assistant Attorney General

Approved:
Opinion Committee

Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Jim Moellinger
Nancy Sutton