State Codes and Statutes
Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-569-reporting-requirements-for-professional-liability-insurers
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 569. REPORTING REQUIREMENTS FOR PROFESSIONAL LIABILITY
INSURERS
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
State Codes and Statutes
Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-569-reporting-requirements-for-professional-liability-insurers
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 569. REPORTING REQUIREMENTS FOR PROFESSIONAL LIABILITY
INSURERS
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
State Codes and Statutes
Statutes >
Texas >
Occupations-code >
Title-3-health-professions >
Chapter-569-reporting-requirements-for-professional-liability-insurers OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 569. REPORTING REQUIREMENTS FOR PROFESSIONAL LIABILITY
INSURERS
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 14.314(a), eff.
Sept. 1, 2001.
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