36-2402
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36-2402. Health care quality assurance process; immunity A. The written standards and criteria for a quality assurance process must be available to all licensed health care providers that conduct or are subject to a quality assurance process. B. A health care entity or person that, without malice, provides information, takes any action or makes any decision or recommendation in the course of a quality assurance process or that furnishes any records, information or assistance to a health care entity in the course of a quality assurance process shall not be subject to liability for civil damages or any legal action in consequence of such action. Malice shall be determined by the court and must be based on a finding from clear and convincing evidence. This section shall not be construed to relieve any person of liability arising from treatment of a patient. C. Health care quality assurance review activities conducted by state, county or local medical, pharmacy and dental associations and societies on behalf of a health care entity, licensed hospital, outpatient surgical center, state or federal health program or other health maintenance organization are immune from civil liability to the same degree as the facility for which the review activities are conducted. D. This section applies to a committee consisting of two or more qualifying community health centers as defined in section 36-2907.06 to review quality assurance information. |