C.R.S. § 12-30-208 Conformance With Federal Law and Regulation - Legislative Declaration - Rules - Limitations On Liability - Definition

• Library: Colorado Statutes
• Edition: 2023
• Currency: Current through the 2023 Legislative Session and through Chapter 7 of the 2023 1st Extraordinary Session
• Year: 2023
• Citation: C.R.S. § 12-30-208

(1) The general assembly hereby finds, determines, and declares that the enactment of this section is necessary in order for the state to comply with the provisions of the federal "Health Care Quality Improvement Act of 1986", as amended, 42 U.S.C. secs. 11101 to 11152. It is the intent of the general assembly that the provisions of this section are to be interpreted as being complementary to the other provisions in this part 2. The provisions of this section are intended to be responsive to specific requirements of the federal "Health Care Quality Improvement Act of 1986", as amended. If the provisions of this section conflict with the other provisions of this part 2, other than with respect to the specific requirements of the federal "Health Care Quality Improvement Act of 1986", as amended, the other provisions of this part 2 prevail.

(2) The medical board and nursing board may promulgate rules to comply with the reporting requirements of the federal "Health Care Quality Improvement Act of 1986", as amended, and may participate in the federal data bank.

(3)

(a) The following persons are immune from suit and not liable for damages in any civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee in connection with a professional review action in this state, and such persons are not liable for damages in a civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee that meets the standards of and is in conformity with the federal "Health Care Quality Improvement Act of 1986", as amended:

(I) An authorized entity, professional review committee, or governing board;

(II) Any person acting as a member of or staff to the authorized entity, professional review committee, or governing board;

(III) A witness, consultant, or other person who provided information to the authorized entity, professional review committee, or governing board; and

(IV) Any person who participates with or assists the professional review committee or governing board with respect to the professional review activities.

(b)

(I) Notwithstanding subsection (3)(a) of this section, nothing in this section relieves an authorized entity that is a health-care facility licensed or certified pursuant to part 1 of article 3 of title25 or certified pursuant to section 25-1.5-103(1)(a)(II) of liability to an injured person or wrongful death claimant for the facility's independent negligence in the credentialing or privileging process for a person licensed under article 240 of this title 12, [or] an advanced practice registered nurse, or a certified midwife who provided health-care services for the injured or deceased person at the facility. For purposes of this subsection (3), the facility's participation in the credentialing process or the privileging process does not constitute the corporate practice of medicine.