CHAPTER 564. PROGRAM TO AID IMPAIRED PHARMACISTS AND PHARMACY STUDENTS; PHARMACY PEER REVIEW
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 564. PROGRAM TO AID IMPAIRED PHARMACISTS AND PHARMACY
STUDENTS; PHARMACY PEER REVIEW
SUBCHAPTER A. REPORTING AND CONFIDENTIALITY
Sec. 564.001. REPORTS. (a) A person, including a
pharmaceutical peer review committee, who has knowledge relating
to an action or omission of a pharmacist in this state or a
pharmacy student who is enrolled in the professional sequence of
an accredited pharmacy degree program approved by the board that
might provide grounds for disciplinary action under Section
565.001(a)(4) or (7) may report relevant facts to the board.
(b) A committee of a professional society composed primarily of
pharmacists, the staff of the committee, or a district or local
intervenor participating in a program established to aid
pharmacists or eligible pharmacy students impaired by chemical
abuse or mental or physical illness may report in writing to the
board the name of an impaired pharmacist or pharmacy student and
the relevant information relating to the impairment.
(c) The board may report to a committee of the professional
society or the society's designated staff information that the
board receives relating to a pharmacist or pharmacy student who
may be impaired by chemical abuse or mental or physical illness.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 564.002. CONFIDENTIALITY. The records and proceedings of
the board, an authorized agent of the board, or a pharmaceutical
organization committee described under Section 564.001(a) or (b),
in connection with a report under Section 564.001(a) or (b), are
confidential and are not considered public information for
purposes of Chapter 552, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 564.003. DISCLOSURE OF CERTAIN INFORMATION. (a) The board
may disclose information confidential under Section 564.002 only:
(1) in a disciplinary hearing before the board or in a
subsequent trial or appeal of a board action or order;
(2) to a pharmacist licensing or disciplinary authority of
another jurisdiction;
(3) under a court order; or
(4) as provided by Subsection (b).
(b) The board may disclose that the license of a pharmacist who
is the subject of an order of the board that is confidential
under Section 564.002 is suspended, revoked, canceled,
restricted, or retired or that the pharmacist is in any other
manner limited in the practice of pharmacy. The board may not
disclose the nature of the impairment or other information that
resulted in the board's action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(a-1), eff.
Sept. 1, 2001.
Sec. 564.004. IMMUNITY. (a) Any person, including a board
employee or member, peer review committee member, pharmaceutical
organization committee member, or pharmaceutical organization
district or local intervenor, who provides information, reports,
or records under Section 564.001(a) or (b) to aid an impaired
pharmacist or pharmacy student is immune from civil liability if
the person provides the information in good faith.
(b) Subsection (a) shall be liberally construed to accomplish
the purposes of this subchapter, and the immunity provided under
that subsection is in addition to any other immunity provided by
law.
(c) A person who provides information or assistance to the board
under this subchapter is presumed to have acted in good faith. A
person who alleges a lack of good faith has the burden of proof
on that issue.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 564.005. RECORD OF REPORT. On a determination by the board
that a report submitted by a peer review committee or
pharmaceutical organization committee under Section 564.001(a) or
(b) is without merit, the board shall expunge the report from the
pharmacist's or pharmacy student's individual record in the
board's office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 564.006. EXAMINATION OF REPORT. A pharmacist, a pharmacy
student, or an authorized representative of the pharmacist or
student is entitled on request to examine the peer review or the
pharmaceutical organization committee report submitted to the
board and to place into the record a statement of reasonable
length of the pharmacist's or pharmacy student's view concerning
information in the report.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. PROGRAM ADMINISTRATION
Sec. 564.051. PROGRAM AUTHORIZATION; FUNDING. (a) The board
may add a surcharge of not more than $10 for each 12 months in a
license period to a license or license renewal fee authorized
under this subtitle to fund a program to aid impaired pharmacists
and pharmacy students.
(b) The board may accept, transfer, and spend funds from the
federal or state government, from another public source, or from
a private source to be used in the program authorized by this
section.
(c) Funds and surcharges collected under this section shall be
deposited in the general revenue fund and may only be used by the
board to administer the program authorized by this section,
including providing for initial evaluation and referral of an
impaired pharmacist or pharmacy student by a qualified health
professional and paying the administrative costs incurred by the
board in connection with that funding. The money may not be used
for costs incurred for treatment or rehabilitation after initial
evaluation and referral.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.309(a), eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 24, eff. September 1, 2005.
Sec. 564.052. RULES OR CRITERIA. In administering and enforcing
this subchapter, the board shall adopt rules or minimum criteria
that are at least as strict as the rules or minimum criteria for
the administration or enforcement of a peer assistance program
adopted by the Texas Commission on Alcohol and Drug Abuse under
Chapter 467, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. PHARMACY PEER REVIEW
Sec. 564.101. DEFINITIONS. In this subchapter:
(1) "Pharmacy peer review committee" means:
(A) a pharmacy peer review, judicial, or grievance committee of
a pharmacy society or association that is authorized to evaluate
the quality of pharmacy services or the competence of pharmacists
and suggest improvements in pharmacy systems to enhance patient
care; or
(B) a pharmacy peer review committee established by a person who
owns a pharmacy or employs pharmacists that is authorized to
evaluate the quality of pharmacy services or the competence of
pharmacists and suggest improvements in pharmacy systems to
enhance patient care.
(2) "Pharmacy society or association" means a membership
organization of pharmacists that is incorporated under the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes) or that is exempt from the payment of
federal income taxes under Section 501(c) of the Internal Revenue
Code of 1986.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff.
Sept. 1, 2001.
Sec. 564.102. PHARMACY PEER REVIEW COMMITTEE. (a) A pharmacy
peer review committee may be established to evaluate the quality
of pharmacy services or the competence of pharmacists and suggest
improvements in pharmacy systems to enhance patient care.
(b) The committee may review documentation of quality-related
activities in a pharmacy, assess system failures and personnel
deficiencies, determine facts, and make recommendations or issue
decisions in a written report that can be used for continuous
quality improvement purposes.
(c) A pharmacy peer review committee includes the members,
employees, and agents of the committee, including assistants,
investigators, attorneys, and any other agent that serves the
committee in any capacity.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff.
Sept. 1, 2001.
Sec. 564.103. CONFIDENTIALITY. (a) Except as otherwise
provided by this subchapter, all proceedings and records of a
pharmacy peer review committee are confidential and all
communications made to a pharmacy peer review committee are
privileged.
(b) If a court makes a preliminary finding that a proceeding,
record, or communication described by Subsection (a) is relevant
to an anticompetitive action or an action brought under federal
civil rights provisions under 42 U.S.C. Section 1983, then the
proceeding, record, or communication is not confidential to the
extent it is considered to be relevant.
(c) The final report of, and any written or oral communication
made to, a pharmacy peer review committee and the records and
proceedings of the committee may be disclosed to another pharmacy
peer review committee, appropriate state or federal agencies,
national accreditation bodies, or the state board of registration
or licensure of this or any other state.
(d) Disclosure to the affected pharmacist of confidential
pharmacy peer review committee information pertinent to the
matter under review does not constitute waiver of the
confidentiality provisions provided by this section.
(e) If a pharmacy peer review committee takes action that could
result in censure, license suspension, restriction, limitation,
or revocation by the board or denial of membership or privileges
in a health care entity, the affected pharmacist must be provided
a written copy of the recommendation of the pharmacy peer review
committee and a copy of the pharmacy peer review committee's
final decision, including a statement of the basis for the
decision.
(f) Unless disclosure is required or authorized by law, records
or determinations of, or communications to, a pharmacy peer
review committee are not subject to subpoena or discovery and are
not admissible as evidence in any civil, judicial, or
administrative proceeding without waiver of the privilege of
confidentiality executed in writing by the committee. The
evidentiary privilege created by this section may be invoked by
any person or organization in any civil, judicial, or
administrative proceeding unless the person or organization has
secured a waiver of the privilege executed in writing by the
presiding officer, assistant presiding officer, or secretary of
the affected pharmacy peer review committee.
(g) Reports, information, or records received and maintained by
the board under this subchapter are considered investigative
files and are confidential and may only be released as specified
in Section 565.055.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff.
Sept. 1, 2001.
Sec. 564.104. USE OF INFORMATION IN CIVIL AND CRIMINAL ACTIONS.
(a) If a pharmacy peer review committee, a person participating
in peer review, or any organization named as a defendant in any
civil action filed as a result of participation in peer review
may use otherwise confidential information in the committee's,
person's, or organization's own defense or in a claim or suit
under Section 564.106(b), a plaintiff in the proceeding may
disclose records or determinations of, or communications to, a
peer review committee in rebuttal to information supplied by the
defendant.
(b) Any person seeking access to privileged information must
plead and prove waiver of the privilege.
(c) A member, employee, or agent of a pharmacy peer review
committee who provides access to otherwise privileged
communications or records in cooperation with a law enforcement
authority in a criminal investigation is not considered to have
waived any privilege established under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff.
Sept. 1, 2001.
Sec. 564.105. COMPLIANCE WITH SUBPOENA. All persons, including
governing bodies and medical staffs of health care entities,
shall comply fully with a subpoena issued by the board for
documents or information as otherwise authorized by law. The
disclosure of documents or information under the subpoena does
not constitute a waiver of the privilege associated with a
pharmacy peer review committee proceeding. Failure to comply with
the subpoena is grounds for disciplinary action against the
facility or individual by the appropriate licensing board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff.
Sept. 1, 2001.
Sec. 564.106. IMMUNITY. (a) A cause of action does not accrue
against the members, agents, or employees of a pharmacy peer
review committee from any act, statement, determination, or
recommendation made or act reported, without malice, in the
course of peer review according to this subchapter.
(b) A pharmacy peer review committee, a person participating in
peer review, or a health care entity named as a defendant in any
civil action filed as a result of participation in peer review
may use otherwise confidential information obtained for
legitimate internal business and professional purposes, including
use in the committee's, person's, or entity's own defense. The
use of the information does not waive the confidential and
privileged nature of pharmacy peer review committee proceedings.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff.
Sept. 1, 2001.