The Vermont Statutes Online

Title 26 : Professions and Occupations

Chapter 023 : Medicine

Subchapter 004 : PROFESSIONAL LIABILITY

• § 1442. Immunity from liability of members of committee of professional society formed to maintain standards

  (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a peer review committee, any peer review committee or its predecessor or subsidiary organization, any person acting or employed as staff for a peer review committee, any person under a contract or other formal agreement with a peer review committee, or any person who participates with or assists a peer review committee for any act or proceeding related to peer review activities undertaken or performed within the scope of the functions of the peer review committee; provided that the member, peer review committee, predecessor or subsidiary organization, or person acts without malice, has made a reasonable effort to obtain the facts of the matter acted upon, and the action is taken with the reasonable belief that the action is warranted by the facts known after a reasonable effort to obtain all the facts. For purposes of this section, liability of a committee shall be determined with reference to acts taken by a majority of the members of the committee present at a meeting at which there was a quorum.

  (b) This subchapter shall not be construed to confer immunity from liability on any professional association or upon any health professional while performing services other than as a member of a peer review committee.

  (c) The provisions of subsection (a) of this section shall not apply in the case of a violation of section 1443 of this title or any law relating to confidentiality of medical records. (Added 1975, No. 249 (Adj. Sess.), § 4, eff. April 7, 1976; amended 1989, No. 108, §§ 2, 2a, eff. June 22, 1989.)