State Codes and Statutes

Statutes > West-virginia > 30 > 30-5-22a

§30-5-22a. Civil immunity for board members; liability limitations of professionals reporting to board; reporting results of litigation to the board; rules.

(a) The members of the board when acting in good faith and without malice shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members.

(b) Any licensee of this board who reports or otherwise provides evidence of the negligence, impairment or incompetence of another member of this profession to the board or to any peer review organization, shall not be liable to any person for making such a report if such report is made without actual malice and in the reasonable belief that such report is warranted by the facts known to him or her at the time.

(c) Within thirty days of the dismissal, settlement, adjudication or other termination of any claim or cause of action asserted against any professional reporting under the provisions of this article the person or persons filing such claim or cause of actions shall submit to the board the following information:

(1) The names of the parties involved;

(2) The name of the court in which the action was filed, if applicable;

(3) The basis and nature of the claim or cause of action; and

(4) The results of such claim or cause of action, including dismissal, settlement, court or jury verdict or other means of termination.

(d) The board shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code establishing procedures for imposing sanctions and penalties against any licensee who fails to submit to the board the information required by this section.

State Codes and Statutes

Statutes > West-virginia > 30 > 30-5-22a

§30-5-22a. Civil immunity for board members; liability limitations of professionals reporting to board; reporting results of litigation to the board; rules.

(a) The members of the board when acting in good faith and without malice shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members.

(b) Any licensee of this board who reports or otherwise provides evidence of the negligence, impairment or incompetence of another member of this profession to the board or to any peer review organization, shall not be liable to any person for making such a report if such report is made without actual malice and in the reasonable belief that such report is warranted by the facts known to him or her at the time.

(c) Within thirty days of the dismissal, settlement, adjudication or other termination of any claim or cause of action asserted against any professional reporting under the provisions of this article the person or persons filing such claim or cause of actions shall submit to the board the following information:

(1) The names of the parties involved;

(2) The name of the court in which the action was filed, if applicable;

(3) The basis and nature of the claim or cause of action; and

(4) The results of such claim or cause of action, including dismissal, settlement, court or jury verdict or other means of termination.

(d) The board shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code establishing procedures for imposing sanctions and penalties against any licensee who fails to submit to the board the information required by this section.


State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 30 > 30-5-22a

§30-5-22a. Civil immunity for board members; liability limitations of professionals reporting to board; reporting results of litigation to the board; rules.

(a) The members of the board when acting in good faith and without malice shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members.

(b) Any licensee of this board who reports or otherwise provides evidence of the negligence, impairment or incompetence of another member of this profession to the board or to any peer review organization, shall not be liable to any person for making such a report if such report is made without actual malice and in the reasonable belief that such report is warranted by the facts known to him or her at the time.

(c) Within thirty days of the dismissal, settlement, adjudication or other termination of any claim or cause of action asserted against any professional reporting under the provisions of this article the person or persons filing such claim or cause of actions shall submit to the board the following information:

(1) The names of the parties involved;

(2) The name of the court in which the action was filed, if applicable;

(3) The basis and nature of the claim or cause of action; and

(4) The results of such claim or cause of action, including dismissal, settlement, court or jury verdict or other means of termination.

(d) The board shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code establishing procedures for imposing sanctions and penalties against any licensee who fails to submit to the board the information required by this section.