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315.126 Pharmacist recovery network committee -- Administrative
regulations -- Assessment -- Confidentiality -- Reporting restrictions.
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The board shall establish a pharmacist recovery network committee to promote
the early identification, intervention, treatment, and rehabilitation of
pharmacists and pharmacist interns who may be impaired by reason of illness,
alcohol or drug abuse, or as a result of any other physical or mental condition.
The board may enter into a contractual agreement with a nonprofit corporation,
pharmacy professional organization, or similar organization for the purpose of
creating, supporting, and maintaining a pharmacist recovery network
committee.
The board may promulgate administrative regulations pursuant to KRS
Chapter 13A to effectuate and implement the provisions of this section.
Beginning July 15, 1998, the board shall collect an assessment of ten dollars
($10) to be added to each licensure renewal application fee payable to the
board. This assessment shall be expended by the board on the operation of
the pharmacist recovery network committee.
Members of a pharmacist recovery network committee, any administrator, staff
member, consultant, agent, volunteer, or employee of the committee acting
within the scope of his or her duties and without actual malice and all other
persons who furnish information to the committee in good faith and without
actual malice shall not be liable for any claim or damages as a result of any
statement, decision, opinion, investigation, or action taken by the committee or
by any individual member of the committee.
All information, interviews, reports, statements, memoranda, or other
documents furnished to or produced by the pharmacist recovery network
committee, all communications to or from the committee, and all proceedings,
findings, and conclusions of the committee, including those relating to
intervention, treatment, or rehabilitation, that in any way pertain or refer to a
pharmacist or pharmacist intern who is or may be impaired shall be privileged
and confidential.
All records and proceedings of the committee that pertain or refer to a
pharmacist or pharmacist intern who is or may be impaired shall be privileged
and confidential, used by the committee and its members only in the exercise
of the proper function of the committee, not be considered public records, and
not be subject to court subpoena, discovery, or introduction as evidence in any
civil, criminal, or administrative proceedings, except as described in subsection
(8) of this section.
The committee may only disclose the information relative to an impaired
pharmacist or pharmacist intern if:
(a) It is essential to disclose the information to persons or organizations
needing the information in order to address the intervention, treatment, or
rehabilitation needs of the impaired pharmacist or pharmacist intern;
(b) The release is authorized in writing by the impaired pharmacist or
pharmacist intern; or
(c) The committee is required to make a report to the board pursuant to KRS
315.121.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 61, sec. 5, effective June 20, 2005. -- Created
1998 Ky. Acts ch. 531, sec. 1, effective July 15, 1998.
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