58-13-4 - Liability immunity for health care providers on committees -- Evaluating and approving medical care. - Utah Statutes

58-13-4. Liability immunity for health care providers on committees -- Evaluatingand approving medical care.
(1) As used in this section, "health care provider" has the same meaning as in Section78B-3-403.
(2) Health care providers serving in the following capacities and the organizations orentities sponsoring these activities are immune from liability with respect to deliberations,decisions, or determinations made or information furnished in good faith and without malice:
(a) serving on committees:
(i) established to determine if hospitals and long-term care facilities are being usedproperly;
(ii) established to evaluate and improve the quality of health care or determine whetherprovided health care was necessary, appropriate, properly performed, or provided at a reasonablecost;
(iii) functioning under Pub. L. No. 89-97 or as professional standards revieworganizations under Pub. L. No. 92-603;
(iv) that are ethical standards review committees; or
(v) that are similar to committees listed in this Subsection (2) and that are established byany hospital, professional association, the Utah Medical Association, or one of its componentmedical societies to evaluate or review the diagnosis or treatment of, or the performance ofhealth or hospital services to, patients within this state;
(b) members of licensing boards established under Title 58, Occupations andProfessions, to license and regulate health care providers; and
(c) health care providers or other persons furnishing information to those committees, asrequired by law, voluntarily, or upon official request.
(3) This section does not relieve any health care provider from liability incurred inproviding professional care and treatment to any patient.
(4) Health care providers serving on committees or providing information described inthis section are presumed to have acted in good faith and without malice, absent clear andconvincing evidence to the contrary.

Amended by Chapter 3, 2008 General Session