Colorado § 12-30-207 - Immunity from liability.

§ 12-30-207. Immunity from liability.

(1) A member of a professional review committee, a governing board, or any committee or third party designated by the governing board under section 12-30-204 (9)(b); any person serving on the staff of that committee, board, panel, or third party; a witness or consultant before a professional review committee; and any person who files a complaint or otherwise participates in the professional review process is immune from suit and liability for damages in any civil or criminal action, including antitrust actions, brought by a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife who is the subject of the review by the professional review committee unless, in connection with the professional review process, the person provided false information and knew that the information was false.

(2) The governing board and the authorized entity that has established a professional review committee pursuant to section 12-30-204 is immune from suit and liability for damages in any civil or criminal action, including antitrust actions, brought by a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife who is the subject of the review by such professional review committee if the professional review action was taken within the scope of the professional review process and was taken:

(a) In the objectively reasonable belief that the action was in the furtherance of quality health care;

(b) After an objectively reasonable effort to obtain the facts of the matter;

(c) In the objectively reasonable belief that the action taken was warranted by the facts; and

(d) In accordance with procedures that, under the circumstances, were fair to the person licensed under article 240 of this title 12, the advanced practice registered nurse, or the certified midwife.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 790, § 1, effective October 1. L. 2023: (1), IP(2), and (2)(d) amended, (SB 23-167), ch. 261, p. 1540, § 38, effective May 25.

Editor's note: This section is similar to former § 12-36.5-105 as it existed prior to 2019.

ANNOTATION

Law reviews. For article, "Health Care Litigation in Colorado: A Survey of Recent Decisions", see 30 Colo. Law. 91 (Aug. 2001).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Hospital review committees, their members, and other participants in the review process are immune from liability for damages when a physician loses hospital privileges, there is no evidence of false information, and the committee acted in compliance with this part and part 2 of article 36.5 of this title. N. Colo. Med. Ctr., Inc. v. Nicholas, 27 P.3d 828 (Colo. 2001).

A member of a professional review committee and a governing body that makes the final decision may participate in both the investigation and decision making process. N. Colo. Med. Ctr., Inc. v. Nicholas, 27 P.3d 828 (Colo. 2001).

The committee on anticompetitive conduct has no authority to determine whether participants in a professional peer review are entitled to qualified immunity under this section. Pfenninger v. Exempla, Inc., 116 F. Supp. 2d 1184 (D. Colo. 2000).