§ 12-30-207 — Immunity from liability

(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); 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, an advanced practice registered
nurse, or a certified midwife 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, an advanced practice
registered nurse, or a certified midwife 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:

(a) In the objectively reasonable belief that the action was in the furtherance
of quality health care;

(b) After an objectively reasonable effort to obtain the facts of the matter;

(c) In the objectively reasonable belief that the action taken was warranted
by the facts; and

(d) In accordance with procedures that, under the circumstances, were fair
to the person licensed under article 240 of this title 12, the advanced practice
registered nurse, or the certified midwife.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 790, � 1, effective October 1. L. 2023: (1), IP(2), and (2)(d) amended, (SB 23-167), ch. 261, p. 1540, � 38, effective May 25.