338.380. Refusal to issue a certificate, when--impaired license committee authorized, duties, procedures.
Refusal to issue a certificate, when--impaired license committeeauthorized, duties, procedures.
338.380. 1. As used in this section the term "committee" means thewell-being committee established under subsection 3 of this section.
2. The board may refuse to issue any certificate of registration orauthority, permit or license required under this chapter for one or anycombination of causes stated in subsection 2 of section 338.055, or theboard may, as a condition to issuing or renewing any such certificate ofregistration or authority, permit or license, require a person to submithimself or herself for identification, intervention, treatment, orrehabilitation by the well-being committee as provided in this section.The board shall notify the applicant in writing of the reasons for therefusal and shall advise the applicant of his or her right to file acomplaint with the administrative hearing commission as provided by chapter621, RSMo.
3. The board may establish an impaired licensee committee, to bedesignated as the "Well-being Committee", to promote the earlyidentification, intervention, treatment, and rehabilitation of licenseesidentified within this chapter, who may be impaired by reasons of illness,substance abuse, or as a result of any physical or mental condition. Theboard may enter into a contractual agreement for the purpose of creating,supporting and maintaining such a committee. The board may promulgaterules subject to the provisions of this section to effectuate and implementany committee formed under this section. The board may expend appropriatedfunds necessary to provide for operational expenses of the committee formedunder this section. Any member of the committee, as well as anyadministrator, staff member, consultant, agent or employee of thecommittee, acting within the scope of his or her duties and without actualmalice and all other persons who furnish information to the committee ingood faith and without actual malice, shall not be liable for any claim ofdamages as a result of any statement, decision, opinion, investigation oraction taken by the committee or by any individual member of the committee.
4. All information, interviews, reports, statements, memoranda orother documents furnished to or produced by the committee, as well ascommunications to or from the committee, any findings, conclusions,interventions, treatment, rehabilitation, or other proceedings of thecommittee which in any way pertain to a licensee who may be, or whoactually is, impaired shall be absolutely privileged and confidential.
5. All records and proceedings of the committee which pertain orrefer to a licensee who may be, or who actually is, impaired shall beprivileged and confidential and shall be used by the committee and itsmembers only in the exercise of the proper function of the committee andshall not be considered public records under chapter 610, RSMo, and shallonly be subject to discovery or introduction as evidence in any civil,criminal, or administrative proceedings except as provided in subsection 6of this section.
6. The committee may disclose information relative to an impairedlicensee only when:
(1) It is essential to disclose the information to further theintervention, treatment, or rehabilitation needs of the impaired licenseeand only to those persons or organization with a need to know;
(2) Its release is authorized in writing by the impaired licensee;
(3) The committee is required to make a report to the board; or
(4) The information is subject to a court order.
7. In lieu of the pursuing discipline against a licensee forviolating one or more causes stated in subsection 2 of section 338.055, theboard may enter into a diversion agreement with a licensee to refer thelicensee to the committee under such terms and conditions as are agreed toby the board and licensee. The board shall enter into no more than twodiversion agreements with any individual licensee. If the licenseeviolates a term or condition of a diversion agreement entered into underthis section, the board may elect to pursue discipline against the licenseeunder chapter 621, RSMo, for the original conduct that resulted in thediversion agreement, or for any subsequent violation of subsection 2 ofsection 338.055. While the licensee participates in the committee, thetime limitations of section 620.154, RSMo, shall toll under subsection 7 ofsection 620.154, RSMo. All records pertaining to diversion agreements areconfidential and may only be released under subdivision (7) of subsection14 of section 620.010, RSMo.
8. The committee shall report to the board the name of any licenseewho fails to enter treatment within forty-eight hours following theprovider's determination that the pharmacist needs treatment or any failureby a licensee to comply with the terms of a diversion agreement duringinpatient or outpatient treatment or aftercare or report a licensee whoresumes the practice of pharmacy before the treatment provider has made aclear determination that the pharmacist is capable of practicing accordingto acceptable and prevailing standards.
9. The board may disclose information and records to the committee toassist the committee in the identification, intervention, treatment, andrehabilitation of any licensee who may be impaired by reason of illness,substance abuse, or as the result of any physical or mental condition. Thecommittee shall keep all information and records provided by the boardconfidential to the extent the board is required to treat the informationand records as closed to the public under chapter 620, RSMo.
10. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2007, shall beinvalid and void.
(L. 2007 S.B. 195)