CHAPTER 261. CONFIDENTIALITY AND IMMUNITY OF DENTAL PEER REVIEW COMMITTEE
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE D. DENTISTRY
CHAPTER 261. CONFIDENTIALITY AND IMMUNITY OF DENTAL PEER REVIEW
COMMITTEE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 261.001. DEFINITIONS. In this chapter:
(1) "Dental association" means an organization that is composed
of members who are dentists and incorporated under the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes) or exempt from the payment of federal
income taxes under Section 501(a) of the Internal Revenue Code of
1986 as an organization described by Section 501(c) of the
Internal Revenue Code of 1986.
(2) "Dental peer review committee" means a peer review,
judicial, or grievance committee of a dental association
authorized to evaluate the quality of dental services or the
competence of dentists. The term includes a member, employee,
assistant, investigator, attorney, or other agent serving the
committee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
Sec. 261.051. CONFIDENTIALITY OF PROCEEDINGS. (a) Except as
otherwise provided by this chapter:
(1) a dental peer review committee's proceedings and records are
confidential; and
(2) communications made to a dental peer review committee are
privileged.
(b) If a court makes a preliminary finding that the proceedings
or records of or the communications made to a dental peer review
committee are relevant to an anticompetitive action or an action
brought under federal civil rights provisions (42 U.S.C. Section
1983), the proceedings, records, or communications are not
confidential to the extent they are relevant to the action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 261.052. DISCLOSURE OF INFORMATION. Communications made to
a dental peer review committee and the records and proceedings of
the committee may be disclosed to:
(1) another dental peer review committee;
(2) an appropriate state or federal agency;
(3) a national accreditation body; or
(4) the registration or licensing entity in any state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 261.053. DISCLOSURE TO AFFECTED DENTIST. (a) Disclosure
to the affected dentist of confidential peer review committee
information pertinent to the matter under review does not waive
the confidentiality provisions of this chapter.
(b) If a dental peer review committee takes action that may
result in censure or a license suspension, restriction,
limitation, or revocation by the board or in the denial of
membership or privileges in a health care entity, the committee
shall give the affected dentist:
(1) a written copy of the recommendation of the committee; and
(2) a copy of the final decision, including a statement of the
basis for the decision.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 261.054. COMMITTEE'S EVIDENTIARY PRIVILEGE. (a) Unless
disclosure is required or authorized by law, records or
determinations of or communications to a dental peer review
committee are not subject to subpoena or discovery and are not
admissible as evidence in a civil judicial or administrative
proceeding unless the committee executes in writing a waiver of
the confidentiality privilege.
(b) The evidentiary privilege created by this chapter may be
invoked by any person in any civil judicial or administrative
proceeding unless the person has secured a waiver of the
privilege executed in writing by the presiding officer, assistant
presiding officer, or secretary of the affected dental peer
review committee.
(c) If a dental peer review committee or a person participating
in peer review named as a defendant in a civil action filed as a
result of participation in peer review may use otherwise
confidential information in the person's defense or in a claim or
suit under Section 261.104, the plaintiff in the proceeding may
disclose the records or determinations of a peer review committee
or communications made to a peer review committee in rebuttal to
information supplied by the defendant.
(d) A person seeking access to privileged information must plead
and prove waiver of the privilege.
(e) A member, employee, or agent of a dental peer review
committee who provides access to privileged communications or
records in cooperation with a law enforcement authority in a
criminal investigation is not considered to have waived a
privilege established under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 261.055. COMPLIANCE WITH BOARD SUBPOENAS. (a) A person,
including the governing body and medical staff of a health care
entity, shall comply with a subpoena for a document or
information issued by the board as authorized by law.
(b) The disclosure of a document or information under a board
subpoena does not constitute a waiver of the privilege
established under this chapter.
(c) Failure to comply with a board subpoena constitutes grounds
for disciplinary action against the facility or individual by the
appropriate licensing board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. CIVIL LIABILITY
Sec. 261.101. COMMITTEE IMMUNITY FROM SUIT. (a) In the absence
of fraud, conspiracy, or malice, a dental peer review committee
is not subject to a suit for damages arising from investigating a
disagreement or complaint, holding a hearing to determine facts,
or making an evaluation, recommendation, decision, or award
involving a dentist who is a member of a dental association or
another dentist, a dental patient, or a third party requesting
the committee's services.
(b) The purpose of this section is to protect a dental peer
review committee from being harassed and threatened with legal
action in performing official duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 261.102. COMMITTEE PARTICIPANTS' IMMUNITY FROM SUIT. A
cause of action does not accrue against a member, agent, or
employee of a dental peer review committee for an act, statement,
determination, or recommendation made or an act reported, without
malice, in the course of peer review under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 261.103. IMMUNITY FROM SUIT. A person is immune from civil
liability if:
(1) the person reports or furnishes information to a dental peer
review committee or the board in good faith;
(2) the person:
(A) is a member, employee, or agent of the board, of a dental
peer review committee, or of a dental organization committee or a
dental organization who takes an action or makes a recommendation
within the scope of the functions of a peer review program; and
(B) acts without malice and in the reasonable belief that the
action or recommendation is warranted by the facts known to the
person; or
(3) the person, including a health care entity or dental peer
review committee, without malice participates in a dental peer
review activity or furnishes a record, information, or assistance
to a dental peer review committee or the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 261.104. COUNTERCLAIM FOR FRIVOLOUS SUIT. A dental peer
review committee, a person participating in peer review, or any
other person named as a defendant in a civil action filed as a
result of participation in peer review may file a counterclaim in
a pending action or may prove a cause of action in a subsequent
suit to recover defense costs, including court costs, attorney's
fees, and damages incurred as a result of the civil action, if
the plaintiff's original suit is determined:
(1) to be frivolous; or
(2) to have been brought in bad faith.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.