[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 takesaction in connection with a diversion program or peer assistance program, shallbe immune from civil liability for reporting the information or taking theaction.

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

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

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

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

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