CHAPTER 261. CONFIDENTIALITY AND IMMUNITY OF DENTAL PEER REVIEW COMMITTEE

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-261-confidentiality-and-immunity-of-dental-peer-review-committee

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE D. DENTISTRY

CHAPTER 261. CONFIDENTIALITY AND IMMUNITY OF DENTAL PEER REVIEW

COMMITTEE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 261.001. DEFINITIONS. In this chapter:

(1) "Dental association" means an organization that is composed

of members who are dentists and incorporated under the Texas

Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's

Texas Civil Statutes) or exempt from the payment of federal

income taxes under Section 501(a) of the Internal Revenue Code of

1986 as an organization described by Section 501(c) of the

Internal Revenue Code of 1986.

(2) "Dental peer review committee" means a peer review,

judicial, or grievance committee of a dental association

authorized to evaluate the quality of dental services or the

competence of dentists. The term includes a member, employee,

assistant, investigator, attorney, or other agent serving the

committee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION

Sec. 261.051. CONFIDENTIALITY OF PROCEEDINGS. (a) Except as

otherwise provided by this chapter:

(1) a dental peer review committee's proceedings and records are

confidential; and

(2) communications made to a dental peer review committee are

privileged.

(b) If a court makes a preliminary finding that the proceedings

or records of or the communications made to a dental peer review

committee are relevant to an anticompetitive action or an action

brought under federal civil rights provisions (42 U.S.C. Section

1983), the proceedings, records, or communications are not

confidential to the extent they are relevant to the action.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 261.052. DISCLOSURE OF INFORMATION. Communications made to

a dental peer review committee and the records and proceedings of

the committee may be disclosed to:

(1) another dental peer review committee;

(2) an appropriate state or federal agency;

(3) a national accreditation body; or

(4) the registration or licensing entity in any state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 261.053. DISCLOSURE TO AFFECTED DENTIST. (a) Disclosure

to the affected dentist of confidential peer review committee

information pertinent to the matter under review does not waive

the confidentiality provisions of this chapter.

(b) If a dental peer review committee takes action that may

result in censure or a license suspension, restriction,

limitation, or revocation by the board or in the denial of

membership or privileges in a health care entity, the committee

shall give the affected dentist:

(1) a written copy of the recommendation of the committee; and

(2) a copy of the final decision, including a statement of the

basis for the decision.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 261.054. COMMITTEE'S EVIDENTIARY PRIVILEGE. (a) Unless

disclosure is required or authorized by law, records or

determinations of or communications to a dental peer review

committee are not subject to subpoena or discovery and are not

admissible as evidence in a civil judicial or administrative

proceeding unless the committee executes in writing a waiver of

the confidentiality privilege.

(b) The evidentiary privilege created by this chapter may be

invoked by any person in any civil judicial or administrative

proceeding unless the person has secured a waiver of the

privilege executed in writing by the presiding officer, assistant

presiding officer, or secretary of the affected dental peer

review committee.

in peer review named as a defendant in a civil action filed as a

result of participation in peer review may use otherwise

confidential information in the person's defense or in a claim or

suit under Section 261.104, the plaintiff in the proceeding may

disclose the records or determinations of a peer review committee

or communications made to a peer review committee in rebuttal to

information supplied by the defendant.

(d) A person seeking access to privileged information must plead

and prove waiver of the privilege.

(e) A member, employee, or agent of a dental peer review

committee who provides access to privileged communications or

records in cooperation with a law enforcement authority in a

criminal investigation is not considered to have waived a

privilege established under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 261.055. COMPLIANCE WITH BOARD SUBPOENAS. (a) A person,

including the governing body and medical staff of a health care

entity, shall comply with a subpoena for a document or

information issued by the board as authorized by law.

(b) The disclosure of a document or information under a board

subpoena does not constitute a waiver of the privilege

established under this chapter.

for disciplinary action against the facility or individual by the

appropriate licensing board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. CIVIL LIABILITY

Sec. 261.101. COMMITTEE IMMUNITY FROM SUIT. (a) In the absence

of fraud, conspiracy, or malice, a dental peer review committee

is not subject to a suit for damages arising from investigating a

disagreement or complaint, holding a hearing to determine facts,

or making an evaluation, recommendation, decision, or award

involving a dentist who is a member of a dental association or

another dentist, a dental patient, or a third party requesting

the committee's services.

(b) The purpose of this section is to protect a dental peer

review committee from being harassed and threatened with legal

action in performing official duties.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 261.102. COMMITTEE PARTICIPANTS' IMMUNITY FROM SUIT. A

cause of action does not accrue against a member, agent, or

employee of a dental peer review committee for an act, statement,

determination, or recommendation made or an act reported, without

malice, in the course of peer review under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 261.103. IMMUNITY FROM SUIT. A person is immune from civil

liability if:

(1) the person reports or furnishes information to a dental peer

review committee or the board in good faith;

(2) the person:

(A) is a member, employee, or agent of the board, of a dental

peer review committee, or of a dental organization committee or a

dental organization who takes an action or makes a recommendation

within the scope of the functions of a peer review program; and

(B) acts without malice and in the reasonable belief that the

action or recommendation is warranted by the facts known to the

person; or

(3) the person, including a health care entity or dental peer

review committee, without malice participates in a dental peer

review activity or furnishes a record, information, or assistance

to a dental peer review committee or the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 261.104. COUNTERCLAIM FOR FRIVOLOUS SUIT. A dental peer

review committee, a person participating in peer review, or any

other person named as a defendant in a civil action filed as a

result of participation in peer review may file a counterclaim in

a pending action or may prove a cause of action in a subsequent

suit to recover defense costs, including court costs, attorney's

fees, and damages incurred as a result of the civil action, if

the plaintiff's original suit is determined:

(1) to be frivolous; or

(2) to have been brought in bad faith.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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