2005 Texas Occupations Code CHAPTER 569. REPORTING REQUIREMENTS FOR PROFESSIONAL LIABILITY INSURERS

OCCUPATIONS CODE

CHAPTER 569. REPORTING REQUIREMENTS FOR PROFESSIONAL LIABILITY 
INSURERS


	§ 569.001. DUTY TO REPORT.  (a) Every insurer or other 
entity providing pharmacist's professional liability insurance, 
pharmacy technician professional and supplemental liability 
insurance, or druggist's professional liability insurance covering 
a pharmacist, pharmacy technician, or pharmacy license holder in 
this state shall submit to the board the information described in 
Section 569.002 at the time prescribed.
	(b)  The information shall be provided with respect to a 
notice of claim letter or complaint filed against an insured in a 
court, if the notice or complaint seeks damages relating to the 
insured's conduct in providing or failing to provide appropriate 
service within the scope of pharmaceutical care or services, and 
with respect to settlement of a claim or lawsuit made on behalf of 
the insured.
	(c)  If a pharmacist, pharmacy technician, or pharmacy 
licensed in this state does not carry or is not covered by 
pharmacist's professional liability insurance, pharmacy technician 
professional and supplemental liability insurance, or druggist's 
professional liability insurance and is insured by a nonadmitted 
carrier or other entity providing pharmacy professional liability 
insurance that does not report under this subtitle, the duty to 
report information under Section 569.002 is the responsibility of 
the pharmacist, pharmacy technician, or pharmacy license holder.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.314(a), eff. Sept. 
1, 2001.


	§ 569.002. INFORMATION TO BE REPORTED.  (a) The following 
information must be furnished to the board not later than the 30th 
day after receipt by the insurer of the notice of claim letter or 
complaint from the insured:
		(1)  the name of the insured and the insured's state 
pharmacy technician registration number or pharmacist or pharmacy 
license number;
		(2)  the policy number;  and                                                  
		(3)  a copy of the notice of claim letter or complaint.                       
	(b)  The board shall, in consultation with the Texas 
Department of Insurance, adopt rules for reporting additional 
information as the board may require.  Other claim reports required 
under state and federal law shall be considered in determining the 
information to be reported, the form of the report, and frequency of 
reporting under the rules.  Additional information that the board 
may require may include:
		(1)  the date of any judgment, dismissal, or 
settlement;  and               
		(2)  whether an appeal has been taken and by which 
party.                   

Added by Acts 2001, 77th Leg., ch. 1420, § 14.314(a), eff. Sept. 
1, 2001.


	§ 569.003. IMMUNITY FROM LIABILITY.  An insurer reporting 
under this subchapter, its agents or employees, or the board or its 
employees or representatives are not liable for damages in a suit 
brought by any person or entity for reporting as required by this 
subchapter or for any other action taken under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.314(a), eff. Sept. 
1, 2001.


	§ 569.004. RESTRICTION ON USE OF INFORMATION 
REPORTED.  (a) Information submitted to the board under this 
subchapter and the fact that the information has been submitted to 
the board may not be:
		(1)  offered in evidence or used in any manner in the 
trial of a suit described in this subchapter;  or
		(2)  used in any manner to determine the eligibility or 
credentialing of a pharmacy to participate in a health insurance 
plan defined by the Insurance Code.
	(b)  Information submitted under this subchapter is 
confidential and is not subject to disclosure under Chapter 552, 
Government Code.
	(c)  The board shall adopt rules to ensure the 
confidentiality of information submitted under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.314(a), eff. Sept. 
1, 2001.


	§ 569.005. INVESTIGATION OF REPORT.  (a) Except as 
otherwise provided in this section, a report received by the board 
under this subchapter is not a complaint for which a board 
investigation is required.
	(b)  The board shall review the information relating to a 
pharmacist, pharmacy technician, or pharmacy license holder 
against whom at least three professional liability claims have been 
reported within a five-year period in the same manner as if a 
complaint against the pharmacist, pharmacy technician, or pharmacy 
license holder had been made under Chapter 555.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.314(a), eff. Sept. 
1, 2001.


	§ 569.006. SANCTIONS IMPOSED ON INSURER.  The Texas 
Department of Insurance may impose on any insurer subject to this 
subtitle sanctions authorized by Chapter 82, Insurance Code, if the 
insurer fails to report information as required by this subchapter.

Added by Acts 2001, 77th Leg., ch. 1420, § 14.314(a), eff. Sept. 
1, 2001.