Guam § 2105 - Civil Immunity for Certain Persons.

§ 2105. Civil Immunity for Certain Persons.

(a) Civil immunity for physicians, nurse or dentist members of certain boards and committees. Any

physician, nurse or dentist who is actively engaged in the practice of such profession shall be immune from

civil liability for any act, decision, or omission done or made in good faith in performance of duties as a

member or agent of committees specified in Rule 412 of the Guam Rules of Evidence, when such

committee functions:

(1) to investigate any complaint that a physical or mental impairment, including alcoholism or

drug addiction, had impaired the ability of any physician or dentist to practice his profession, and to

encourage, recommend and arrange for a course of treatment, if deemed appropriate, or

(2) to review the duration of patient stays in health facilities or professional services furnished

with respect to the medical or dental necessity for such services, for the purpose of promoting the most

efficient use of available health facilities and services, the adequacy or quality of professional services,

or the reasonableness of charges made by or on behalf of physicians or dentists, or

(3) to resolve questions concerning the admission of any member to, or the taking of disciplinary

action against any member of, any medical society or association affiliated with the American Medical

Association or American Dental Association; provided, that such entity has been established and duly

constituted by a public hospital, or a medical or dental society or association affiliated with the

American Medical Association or the American Dental Association or with a governmental agency

and provided that such act, decision, or omission is not done or made in bad faith or with malicious

intent.

The immunity provided by subsection (a) of this section shall not extend to any person with respect to

actions, decisions, or omissions, the liability for which is limited under the provisions of the Federal Social

Security Acts or amendments thereto.

(b) Civil immunity of members of, or consultants to, certain boards or committees. Every member of,

or health care professional consultant to, committees specified in Rule 412 of the Guam Rules of Evidence,

shall be immune from civil liability for any act, decision, omission, or utterance done or made in good faith

performance of duties while serving as a member or consultant to such committee, when such committee

functions to review, evaluate, or make recommendations on:

(1) the duration of patient stays in health care facilities,

(2) professional services furnished with respect to the medical or dental necessity for such

services,

(3) the purpose of promoting the most efficient use of available health care facilities and services,

(4) the adequacy or quality of professional services,

(5) the competency and qualifications for professional staff privileges, or

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(6) the reasonableness or appropriateness of charges made by or on behalf of health care facilities;

provided, that such entity has been established pursuant to federal or Guam law or regulation, or

pursuant to standards of the Joint Commission on Accreditation of Health Care Organizations; and

provided further that such act, decision, omission, or utterance is not done or made in bad faith or with

malicious intent.