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.
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