Texas Occupations Code - Section 160.010. Immunity From Civil Liability
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Texas Lawyer > Occupations Code > Texas Occupations Code - Section 160.010. Immunity From Civil Liability
§ 160.010. IMMUNITY FROM CIVIL LIABILITY. (a) The
following are immune from civil liability:
(1) a person who, in good faith, reports or furnishes
information to a medical peer review committee or the board;
(2) a member, employee, or agent of the board, a
medical peer review committee, or a medical organization committee,
or a medical organization district or local intervenor, who takes
an action or makes a recommendation within the scope of the
functions of the board, committee, or intervenor program, if that
member, employee, agent, or intervenor acts without malice and in
the reasonable belief that the action or recommendation is
warranted by the facts known to that person; and
(3) a member or employee of the board or any person who
assists the board in carrying out its duties or functions provided
by law.
(b) A cause of action does not accrue against a member,
agent, or employee of a medical peer review committee or against a
health care entity from any act, statement, determination or
recommendation made, or act reported, without malice, in the course
of medical peer review.
(c) A person, medical peer review committee, or health care
entity that, without malice, participates in medical peer review or
furnishes records, information, or assistance to a medical peer
review committee or the board is immune from any civil liability
arising from that act.
(d) A person or health care entity required to report to the
board may not be found liable in a civil action for failure to
report to the board unless the failure was committed knowingly or
wilfully, except that the appropriate state licensing body may take
action against a licensed person or entity for not reporting as
required under this subtitle.
(e) A member of an expert panel under Section 154.056(e) and
a person serving as a consultant to the board are immune from suit
and judgment and may not be subjected to a suit for damages for any
investigation, report, recommendation, statement, evaluation,
finding, or other action taken without fraud or malice in the course
of performing the person's duties in evaluating a medical
competency case. The attorney general shall represent a member of
an expert panel or consultant in any suit resulting from a duty
provided by the person in good faith to the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2005, 79th Leg., ch. 269, § 1.30, eff. Sept. 1, 2005.
Section: 160.003 160.004 160.005 160.006 160.007 160.008 160.009 160.010 160.011 160.012 160.013 160.014 160.015 160.051 160.052
Last modified: August 10, 2007
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