[Ā§334D-4]Ā  Civil immunity of third persons.Ā 
(a)Ā  A person, entity, professional association, peer assistance program,
diversion program, or employer who, in good faith, reports information or takes
action in connection with a diversion program or peer assistance program, shall
be immune from civil liability for reporting the information or taking the
action.



(b)Ā  A person, entity, or organization that
employs a chemically dependent nurse in connection with the nurseā€™s
rehabilitation shall be entitled to civil immunity under this section while the
nurse is participating in the peer assistance program or diversion program
unless the person, entity, or organization:



(1)Ā  Knows or should have known that the nurse is or
was incapable of performing the job functions involved; or



(2)Ā  Fails to take reasonable precautions to monitor
the nurseā€™s job performance.



(c)Ā  Any professional association, person,
entity, or employer acting under this chapter shall be presumed to have acted
in good faith in actions relating to the peer assistance program or diversion
program.Ā  A person alleging a lack of good faith shall have the burden of proof
on this issue.



(d)Ā  The immunity provided by this section
shall be in addition to other immunities provided by law and shall be liberally
construed to accomplish the purpose of this chapter. [L 1993, c 106, pt of Ā§1]