§ 90-85.41. Board agreements with special peer review organizations for impaired pharmacy personnel. - North Carolina Statutes

§ 90‑85.41.  Board agreements with special peerreview organizations for impaired pharmacy personnel.

(a)        The North Carolina Board of Pharmacy may, under rulesadopted by the Board in compliance with Chapter 150B of the General Statutes,enter into agreements with special impaired pharmacy personnel peer revieworganizations. Peer review activities to be covered by such agreements shallinclude investigation, review and evaluation of records, reports, complaints,litigation, and other information about the practices and practice patterns ofpharmacy personnel licensed or registered by the Board, as such matters mayrelate to impaired pharmacy personnel. Special impaired pharmacy personnel peerreview organizations may include a statewide supervisory committee and variousregional and local components or subgroups.

(b)        Agreements authorized under this section shall includeprovisions for the impaired pharmacy personnel peer review organizations toreceive relevant information from the Board and other sources, conduct anyinvestigation, review, and evaluation in an expeditious manner, provideassurance of confidentiality of nonpublic information and of the peer reviewprocess, make reports of investigations and evaluations to the Board, and to doother related activities for operating and promoting a coordinated andeffective peer review process. The agreements shall include provisions assuringbasic due process for pharmacy personnel that become involved.

(c)        The impaired pharmacy personnel peer review organizationsthat enter into agreements with the Board shall establish and maintain aprogram for impaired pharmacy personnel licensed or registered by the Board forthe purpose of identifying, reviewing, and evaluating the ability of thosepharmacists to function as pharmacists, and pharmacy technicians to function aspharmacy technicians, and to provide programs for treatment and rehabilitation.The Board may provide funds for the administration of these impaired pharmacypersonnel peer review programs. The Board shall adopt rules to apply to theoperation of impaired pharmacy personnel peer review programs, with provisionsfor: (i) definitions of impairment; (ii) guidelines for program elements; (iii)procedures for receipt and use of information of suspected impairment; (iv)procedures for intervention and referral; (v) arrangements for monitoringtreatment, rehabilitation, posttreatment support, and performance; (vi) reportsof individual cases to the Board; (vii) periodic reporting of statisticalinformation; and (viii) assurance of confidentiality of nonpublic informationand of the peer review process.

(d)        Upon investigation and review of a pharmacist licensed bythe Board, or a pharmacy technician registered with the Board, or upon receiptof a complaint or other information, an impaired pharmacy personnel peer revieworganization that enters into a peer review agreement with the Board shallreport immediately to the Board detailed information about any pharmacistlicensed or pharmacy technician registered by the Board, if:

(1)        The pharmacist or pharmacy technician constitutes animminent danger to the public or himself or herself.

(2)        The pharmacist or pharmacy technician refuses to cooperatewith the program, refuses to submit to treatment, or is still impaired aftertreatment and exhibits professional incompetence.

(3)        It reasonably appears that there are other grounds fordisciplinary action.

(e)        Any confidential patient information and other nonpublicinformation acquired, created, or used in good faith by an impaired pharmacypersonnel peer review organization pursuant to this section shall remainconfidential and shall not be subject to discovery or subpoena in a civil case.No person participating in good faith in an impaired pharmacy personnel peerreview program developed under this section shall be required in a civil caseto disclose any information (including opinions, recommendations, orevaluations) acquired or developed solely in the course of participating in theprogram.

(f)         Impaired pharmacy personnel peer review activitiesconducted in good faith pursuant to any program developed under this sectionshall not be grounds for civil action under the laws of this State, and theactivities are deemed to be State directed and sanctioned and shall constitute"State action" for the purposes of application of antitrust laws. (1999‑81, s. 1; 2001‑375, s. 8.)