65-1695. Continuous quality improvement program; purpose; confidential peer review documents; rules and regulations.
65-1695
65-1695. Continuous quality improvement program;purpose; confidential peer review documents; rules and regulations.(a) No later than July 1, 2009, each pharmacy shallestablish a continuous quality improvement (CQI) program. The purpose of theCQI program shall be to assess errors that occur in the pharmacy in dispensingor furnishing prescription medications so that the pharmacy may takeappropriate action to prevent a recurrence.
(b) Reports, memoranda, proceedings, findings and other records generated aspart of a pharmacy's CQIprogram shall be considered confidential and privileged peerreview documents and not subject to discovery, subpoena or othermeans of legal compulsion for their release to any person or entityand shall not be admissible in any civil or administrative actionother than an administrative proceeding initiated by the board ofpharmacy. Nothing in this section shall be construed to prohibit apatient from accessing such patient's own prescription records.Nothing in this section shall affect the discoverability of any recordnot solely generated for or maintained as a part of a pharmacy'sCQI program.
(c) No person in attendance at any meeting being conducted aspart of a CQI program shall be compelled to testify in any civil,criminal or administrative action, other than an administrativeproceeding initiated by the board of pharmacy as to anydiscussions or decisions which occurred as part of the CQI program.
(d) All reports and records generated as part of a pharmacy'sCQI program shall be available for inspection by the board ofpharmacy within a time period established by the board in rulesand regulations.
(e) In conducting a disciplinary proceeding in which admission of any mattersthat are confidential and privileged under subsection (b) are proposed, theboard of pharmacy shall hold the hearing in closed session when any report,record or testimony is disclosed. Unless otherwise provided by law, the boardof pharmacy in conducting a disciplinary proceeding may close only that portionof the hearing in which disclosure of such privileged matters are proposed. Inclosing a portion of a hearing as provided in this subsection, the presidingofficer may exclude any person from the hearing except members of the board,the licensee, the licensee's attorney, the agency's attorney, the witness, thecourt reporter and appropriate staff support for either counsel.
The board of pharmacy shall make the portions of the administrative record inwhich such privileged matters are disclosed subject to a protective orderprohibiting further disclosure. Such privileged matters shall not be subject todiscovery, subpoena or other means of legal compulsion for their release to anyperson or entity. No person inattendance at a closed portion of a disciplinary proceeding shall be requiredto testify at asubsequent civil, criminal or administrative hearing regarding the privilegedmatters, nor shall such testimony be admitted into evidence in any subsequentcivil, criminal or administrative hearing.
The board of pharmacy may review any matters that are confidential andprivileged under subsection (b) in conducting a disciplinary proceeding butmust prove its findings with independently obtained testimony or records whichshall be presented as part of the disciplinary proceeding in an open meeting ofthe board of pharmacy. Offering such testimony or records in an open publichearing shall not be deemed a waiver of the peer review privilege relating toany peer review committee testimony, record or report.
(f) The board may establish by rules and regulations requirementsregarding the functions and record keeping of a pharmacy CQI program.
(g) This section shall be part of and supplemental to the pharmacy act of thestate of Kansas.
History: L. 2008, ch. 104, § 16; July 1.