(1) A member of a professional review committee, a governing board or any committee or third party designated by the governing board under section 12-30-204 (9)(b) and any person serving on the staff of that committee, board, panel, or third party, a witness or consultant before a professional review committee, and any person who files a complaint or otherwise participates in the professional review process, is immune from suit and liability for damages in any civil or criminal action, including antitrust actions, brought by a person licensed under article 240 of this title 12 or an advanced practice nurse who is the subject of the review by the professional review committee unless, in connection with the professional review process, the person provided false information and knew that the information was false.
(2) The governing board and the authorized entity that has established a professional review committee pursuant to section 12-30-204 is immune from suit and liability for damages in any civil or criminal action, including antitrust actions, brought by a person licensed under article 240 of this title 12 or an advanced practice nurse who is the subject of the review by such professional review committee if the professional review action was taken within the scope of the professional review process and was taken:
In the objectively reasonable belief that the action was in the furtherance of qualityhealth care;
After an objectively reasonable effort to obtain the facts of the matter;
In the objectively reasonable belief that the action taken was warranted by the facts;and
In accordance with procedures that, under the circumstances, were fair to the personlicensed under article 240 of this title 12 or the advanced practice nurse.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 790, § 1, effective October 1.
Editor's note: This section is similar to former § 12-36.5-105 as it existed prior to 2019. 12-30-208. Conformance with federal law and regulation - legislative declaration rules - limitations on liability - definition. (1) The general assembly hereby finds, determines, and declares that the enactment of this section is necessary in order for the state to comply with the provisions of the federal "Health Care Quality Improvement Act of 1986", as amended, 42 U.S.C. secs. 11101 to 11152. It is the intent of the general assembly that the provisions of this section are to be interpreted as being complementary to the other provisions in this part 2. The provisions of this section are intended to be responsive to specific requirements of the federal "Health Care Quality Improvement Act of 1986", as amended. If the provisions of this section conflict with the other provisions of this part 2, other than with respect to the specific requirements of the federal "Health Care Quality Improvement Act of 1986", as amended, the other provisions of this part 2 prevail.
The medical board and nursing board may promulgate rules to comply with the reporting requirements of the federal "Health Care Quality Improvement Act of 1986", as amended, and may participate in the federal data bank.
(a) The following persons are immune from suit and not liable for damages in any civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee in connection with a professional review action in this state, and such persons are not liable for damages in a civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee that meets the standards of and is in conformity with the federal "Health Care Quality Improvement Act of 1986", as amended:
An authorized entity, professional review committee, or governing board;
Any person acting as a member of or staff to the authorized entity, professionalreview committee, or governing board;
A witness, consultant, or other person who provided information to the authorizedentity, professional review committee, or governing board; and
Any person who participates with or assists the professional review committee orgoverning board with respect to the professional review activities.
(b) (I) Notwithstanding subsection (3)(a) of this section, nothing in this section relieves an authorized entity that is a health care facility licensed or certified pursuant to part 1 of article 3 of title 25 or certified pursuant to section 25-1.5-103 (1)(a)(II) of liability to an injured person or wrongful death claimant for the facility's independent negligence in the credentialing or privileging process for a person licensed under article 240 of this title 12 or an advanced practice nurse who provided health care services for the injured or deceased person at the facility. For purposes of this subsection (3), the facility's participation in the credentialing process or the privileging process does not constitute the corporate practice of medicine.
Nothing in this subsection (3) affects the confidentiality or privilege of any recordssubject to section 12-30-204 (11) or of information obtained and maintained in accordance with a quality management program as described in section 25-3-109. The exceptions to confidentiality or privilege as set forth in sections 12-30-204 (11) and 25-3-109 (4) apply.
This subsection (3)(b) applies to actions filed on or after July 1, 2012.
(c) For the purposes of this subsection (3), unless the context otherwise requires, "professional review action" means an action or recommendation of a professional review committee that is taken or made in the conduct of professional review activity and that is based on the quality and appropriateness of patient care provided by, or the competence or professional conduct of, an individual person licensed under article 240 of this title 12 or an advanced practice nurse, which action affects or may affect adversely the person's clinical privileges of or membership in an authorized entity. "Professional review action" includes a formal decision by the professional review committee not to take an action or make a recommendation as provided in this subsection (3)(c) and also includes professional review activities relating to a professional review action. An action is not based upon the competence or professional conduct of a person if the action is primarily based on:
The person's association or lack of association with a professional society or association;
The person's fees or advertising or engaging in other competitive acts intended tosolicit or retain business;
The person's association with, supervision of, delegation of authority to, support for,training of, or participation in a private group practice with a member or members of a particular class of health care practitioners or professionals;
The person's participation in prepaid group health plans, salaried employment, orany other manner of delivering health services whether on a fee-for-service basis or other basis;
Any other matter that does not relate to the quality and appropriateness of patientcare provided by, or the competence or professional conduct of, a person licensed under article 240 of this title 12 or an advanced practice nurse.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 790, § 1, effective October 1.
Editor's note: Subsection (1) is similar to former § 12-36.5-201; subsection (2) is similar to former § 12-36.5-202; and subsection (3) is similar to former § 12-36.5-203, as those sections existed prior to 2019.