AI-assisted research summary: This section lets certain pharmacist-related committees report information about impaired or potentially disciplinable pharmacists, keeps related board records confidential with narrow disclosure exceptions, gives immunity from damages for good-faith reporting, and allows the office to contract for the impairment program.
I. Any pharmaceutical peer review committee may report relevant facts to the board or office of professional licensure and certification relating to the acts of any pharmacist in this state if they have knowledge relating to the pharmacist which, in the opinion of the peer review committee, might provide grounds for disciplinary action as specified in RSA 318:29, II. II. Any committee of a professional society comprised primarily of pharmacists, its staff, or any district or local intervenor participating in a program established to aid pharmacists impaired by substance abuse or mental or physical illness may report in writing to the board or office of professional licensure and certification the name of the impaired pharmacist together with the pertinent information relating to his impairment. The board or office of professional licensure and certification may report to any committee of such professional society or the society's designated staff information which it may receive with regard to any pharmacist who may be impaired by substance abuse or mental or physical illness. III. Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board, compiled in conjunction with an impaired pharmacist peer review committee, shall be confidential and are not to be considered open records unless the affected pharmacist so requests; provided, however, the board may disclose this confidential information only: (a) In a disciplinary hearing before the board or in a subsequent trial or appeal of a board action or order; (b) To the pharmacist licensing or disciplinary authorities of other jurisdictions; or (c) Pursuant to an order of a court of competent jurisdiction. IV. (a) No employee or member of the board, peer review committee member, pharmaceutical organization committee member, pharmaceutical organization district or local intervenor furnishing in good faith information, data, reports, or records for the purpose of aiding the impaired pharmacist shall by reason of furnishing such information be liable for damages to any person. (b) No employee or member of the board or such committee, staff, or intervenor program shall be liable for damages to any person for any action taken or recommendations made by such board, committee, or staff unless he is found to have acted recklessly or wantonly. V. The office of professional licensure and certification may contract with other organizations to operate the impaired pharmacist program for pharmacists who are impaired by drug or alcohol abuse or mental or physical illness. This program shall include, but is not limited to, education, intervention and post-treatment monitoring. Source: Source. 1985, 324:11. 1992, 20:1. 2014, 311:1, eff. Jan. 1, 2015. 2019, 264:6, eff. Sept. 17, 2019. 2023, 79:312, eff. Sept. 1, 2023.