OCCUPATIONS CODE
CHAPTER 261. CONFIDENTIALITY AND IMMUNITY OF DENTAL PEER REVIEW
COMMITTEE
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
SUBCHAPTER C. CIVIL LIABILITY
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1999.
