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Senate Bill No. 346
(By Senators Bowman, Minard, Jackson and Redd)
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[Introduced January 24, 2002; referred to the Committee
on Health and Human Resources; and then to the Committee on the
Judiciary![](tabb36.gif)
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.]
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A BILL to amend article five, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section seven-c,
relating to authorizing the board of pharmacy to enter into
agreements with organizations to form pharmacist recovery
networks for impaired pharmacists, pharmacy interns and
pharmacy technicians; providing for rule-making authority; and
providing for fees to be set by legislative rule.
Be it enacted by the Legislature of West Virginia:
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That article five, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seven-c, to read as follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.
§30-5-7c. Authorization for the board of pharmacy to enter into
agreements with organizations to form pharmacist recovery
networks for treatment of impaired pharmacists, pharmacy
interns and pharmacy technicians
.
(a) The board may, under legislative rules adopted by the
board in accordance with article three, chapter twenty-nine-a of
this code enter into agreements with organizations to form
pharmacist recovery networks. Any pharmacist recovery network
shall promote the early identification, intervention, treatment and
rehabilitation of pharmacists, pharmacy interns and pharmacy
technicians who may be impaired by reason of illness, alcohol or
drug abuse, or as a result of any other physical or mental
condition. Activities to be covered by the agreements shall
include investigation, review and evaluation of records, reports,
complaints, litigation and other information about the practices
and practice patterns of pharmacists licensed by the board, as such
matters may relate to impaired pharmacists, pharmacy interns or
pharmacy technicians.
(b) Agreements authorized under this section shall include
provisions for the impaired pharmacist recovery network to receive
relevant information from the board and other sources, conduct any
investigation, review and evaluation in an expeditious manner,
provide assurance of confidentiality of nonpublic information, make reports of investigations and evaluations to the board and to do
other related activities for operating and promoting a coordinated
and effective peer review process. The agreements shall include
provisions assuring basic due process for pharmacists, pharmacy
interns or pharmacy technicians as well as provisions for the
adequate treatment, supervision and follow through for
participants.
(c) Any organization that enters into an agreement with the
board to create a pharmacist recovery network shall establish and
maintain a program for impaired pharmacists, pharmacy interns and
pharmacy technicians for the purpose of identifying, reviewing and
evaluating the ability of those individuals to function as
pharmacist, pharmacy intern or pharmacy technician and to provide
programs for treatment and rehabilitation, including supervision
and follow up for participating persons.
(d) Prior to entering into any agreement with any organization
to form a pharmacist recovery network, the board shall propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code regarding the
operation of any pharmacist recovery network, with provisions for:
(1) Definitions of impairment;
(2) Guidelines for program elements;
(3) Procedures for receipt and use of information of suspected
impairment;
(4) Procedures for intervention and referral;
(5) Arrangements for mandatory monitoring, treatment,
rehabilitation, post-treatment support and performance;
(6) Reports of individual cases to the board;
(7) Periodic reporting of statistical information;
(8) Assurance of confidentiality of nonpublic information and
of the peer review process; and
(9) Assessment of a fee to be added to each licensure renewal
application fee payable to the board and dedication of any revenue
generated by the assessment for the operation of pharmacist
recovery networks developed under this section.
(e) Upon investigation and review of a pharmacist, pharmacy
intern or pharmacy technician, or upon receipt of a complaint or
other information, an organization that enters into an agreement
with the board to operate a pharmacist recovery network shall
report immediately to the board detailed information about any
pharmacist, pharmacy intern or pharmacy technician, if:
(1) The individual constitutes an imminent danger to the
public or himself or herself; or
(2) The individual refuses to cooperate with the program,
refuses to submit to treatment, refuses to participate in follow up
treatment and monitoring or is still impaired after treatment; or
(3) It reasonably appears that there are other grounds for
disciplinary action.
(f) Any confidential patient information acquired, created or
used by a pharmacist recovery network pursuant to this section
shall remain confidential and may not be subject to discovery or
subpoena in a civil case.
(g) If the board has not instituted any disciplinary
proceedings as provided in this article, any information received,
maintained or developed by a pharmacist recovery network relating
to the alcohol or chemical dependency impairment of any pharmacist,
pharmacy intern or pharmacy technician shall be confidential and
not available for public information, discovery or court subpoena
nor for introduction into evidence in any professional liability
action or other action for damages arising out of the provision of
or failure to provide health care services.
(h) No person participating in a pharmacist recovery network
developed under this section may be required in a civil case to
disclose any information, including opinions, recommendations or
evaluations, acquired or developed solely in the course of
participating in the program.
(i) All persons engaged in activities conducted pursuant to a
pharmacist recovery network developed under this section when
acting in good faith and without malice enjoy immunity from
individual civil liability while acting within the scope of their
duties as part of a pharmacist recovery network.
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(NOTE: This bill authorizes the board of pharmacy to enter
into agreements with organizations to form pharmacist recovery
networks. The agreements would authorize pharmacist recovery
networks to establish programs to identify pharmacists, pharmacy
interns and pharmacy technicians who may be impaired by reason of
illness, alcohol or drug abuse, or as a result of physical or
mental condition, as well as provide programs for the treatment,
rehabilitation and supervision of such persons. The bill requires
the board to promulgate legislative rules governing the operation
of pharmacist recovery networks and authorizing assessment of a fee
to be used for operation of pharmacist recovery networks. The bill
also extends confidentiality protection for information about
impaired persons satisfactorily participating in a pharmacist
recovery network and provides immunity from civil liability for
persons engaged in activities conducted in connection with a
pharmacist recovery network.
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Section seven-c is new; therefore strike-throughs and
underscoring have been omitted.
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This bill is recommended by the joint committee on government
organization for passage during the 2002 regular session.)