KRS 315.126: Pharmacist recovery network committee -- Administrative regulations --

Assessment -- Confidentiality -- Reporting restrictions.

(1) The board shall establish a pharmacist recovery network committee to promote the

early identification, intervention, tr eatment, and rehabilitation of pharmacists and

pharmacist interns who may be impaired by reason of illness, alcohol or drug abuse,

or as a result of any other physical or mental condition.

(2) The board may enter into a contractual agreement with a nonprof it corporation,

pharmacy professional organization, or similar organization for the purpose of

creating, supporting, and maintaining a pharmacist recovery network committee.

(3) The board may promulgate administrative regulations pursuant to KRS Chapter

13A to effectuate and implement the provisions of this section.

(4) Beginning July 15, 1998, the board shall collect an assessment of ten dollars ($10)

to be added to each licensure renewal application fee payable to the board. This

assessment shall be expen ded by the board on the operation of the pharmacist

recovery network committee.

(5) Members of a pharmacist recovery network committee, any administrator, staff

member, consultant, agent, volunteer, or employee of the committee acting within

the scope of h is or her duties and without actual malice and all other persons who

furnish information to the committee in good faith and without actual malice shall

not be liable for any claim or damages as a result of any statement, decision,

opinion, investigation, o r action taken by the committee or by any individual

member of the committee.

(6) All information, interviews, reports, statements, memoranda, or other documents

furnished to or produced by the pharmacist recovery network committee, all

communications to o r from the committee, and all proceedings, findings, and

conclusions of the committee, including those relating to intervention, treatment, or

rehabilitation, that in any way pertain or refer to a pharmacist or pharmacist intern

who is or may be impaired shall be privileged and confidential.

(7) All records and proceedings of the committee that pertain or refer to a pharmacist or

pharmacist intern who is or may be impaired shall be privileged and confidential,

used by the committee and its members only in t he exercise of the proper function

of the committee, not be considered public records, and not be subject to court

subpoena, discovery, or introduction as evidence in any civil, criminal, or

administrative proceedings, except as described in subsection (8) of this section.

(8) The committee may only disclose the information relative to an impaired

pharmacist or pharmacist intern if:

(a) It is essential to disclose the information to persons or organizations needing

the information in order to address the in tervention, treatment, or

rehabilitation needs of the impaired pharmacist or pharmacist intern;

(b) The release is authorized in writing by the impaired pharmacist or pharmacist

intern; or

(c) The committee is required to make a report to the board pursuan t to KRS

315.121.