Texas Occupations Code - Section 160.004. Report Regarding Certain Impaired Physicians
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§ 160.004. REPORT REGARDING CERTAIN IMPAIRED
PHYSICIANS. (a) This section applies to:
(1) a committee of a professional medical society or
association operating under written bylaws approved by the
policymaking body or governing board of the society or association
and composed primarily of physicians;
(2) the staff of that committee; or
(3) a district or local intervenor participating in a
program established to aid physicians whose ability to practice
medicine is impaired, or reasonably believed to be impaired, by
drug or alcohol abuse or mental or physical illness.
(b) A person or committee subject to this section:
(1) may report to the board or to a health care entity
in which an affected physician has clinical privileges the name of
the impaired physician together with pertinent information
relating to that impairment; and
(2) shall report to the board and any known health care
entity in which the physician has clinical privileges if the person
or committee determines that, through the practice of medicine, the
physician poses a continuing threat to the public welfare.
(c) Except as otherwise provided by this subtitle, each
proceeding and record of a person described by Subsection (a) is
confidential, and any communication made to the person or committee
is privileged from disclosure in the manner provided under this
subchapter for information submitted by a medical peer review
committee. This confidentiality and privilege from disclosure
applies to all information developed under this section, including
information developed before September 1, 1991.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
Section: 159.007 159.008 159.009 159.010 160.001 160.002 160.003 160.004 160.005 160.006 160.007 160.008 160.009 160.010 160.011
Last modified: August 10, 2007
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