Tex. Occ. Code Section 564.104
Use of Information in Civil and Criminal Actions

(a)

If a pharmacy peer review committee, a person participating in peer review, or any organization named as a defendant in any civil action filed as a result of participation in peer review may use otherwise confidential information in the committee’s, person’s, or organization’s own defense or in a claim or suit under Section 564.106 (Immunity)(b), a plaintiff in the proceeding may disclose records or determinations of, or communications to, a peer review committee in rebuttal to information supplied by the defendant.

(b)

Any person seeking access to privileged information must plead and prove waiver of the privilege.

(c)

A member, employee, or agent of a pharmacy peer review committee who provides access to otherwise privileged communications or records in cooperation with a law enforcement authority in a criminal investigation is not considered to have waived any privilege established under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff. Sept. 1, 2001.

Source: Section 564.104 — Use of Information in Civil and Criminal Actions, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­564.­htm#564.­104 (accessed May 25, 2024).

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Accessed:
May 25, 2024

§ 564.104’s source at texas​.gov