36-2402. Quality assurance activities; sharing of quality assurance information; immunity

A. State health care providers, hospitals and outpatient surgical centers shall, and other health care entities may, conduct quality assurance activities.

B. A health care entity may share quality assurance information with appropriate state licensing or certifying agencies and with licensed health care providers who are the subject of quality assurance activities. A hospital may share quality assurance information with other health care entities only with the approval of the hospital's medical executive committee or an equivalent committee.

C. A health care entity may share quality assurance information with other health care entities only for the purpose of conducting quality assurance activities.

D. A health care entity or person that provides or receives information, that participates, takes any action or makes any decision or recommendation in the course of quality assurance activities or that furnishes any records, information or assistance to a health care entity for or in the course of quality assurance activities is not subject to liability for civil damages or any legal action in consequence of such action except as provided in section 36-445.02.

E. Quality assurance activities conducted by state, county or local medical, pharmacy and dental associations and societies on behalf of a health care entity are immune from civil liability to the same degree as the facility for which the review activities are conducted.

F. Health care entities may jointly conduct quality assurance activities.

G. This section does not relieve any health care entity from liability arising from the treatment of a patient or from negligent credentialing decisions.