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2014 SESSION
14101775DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-581.16 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-581.16. Civil immunity for members of or consultants to certain boards or committees.
Every member of, or health care professional consultant to,
any committee, board, group, commission or other entity shall be immune from
civil liability for any act, decision, omission, or utterance done or made in
performance of his duties while serving as a member of or consultant to such
committee, board, group, commission or other entity, which functions primarily
to review, evaluate, or make recommendations on (i) the duration of patient
stays in health care facilities, (ii) the professional services furnished with
respect to the medical, dental, psychological, podiatric, chiropractic,
veterinary or optometric necessity for such services, (iii) the purpose of
promoting the most efficient use or monitoring the quality of care of available
health care facilities and services, or of emergency medical services agencies
and services, (iv) the adequacy or quality of professional services, (v) the
competency and qualifications for professional staff privileges, (vi) the
reasonableness or appropriateness of charges made by or on behalf of health
care facilities or (vii) patient safety, including entering into contracts with
patient safety organizations;, provided that such committee,
board, group, commission or other entity has been established pursuant to
federal or state law or regulation, or
pursuant to Joint Commission on Accreditation of
Healthcare Organizations requirements, the requirements of
a national accrediting organization granted authority by the Centers for
Medicare and Medicaid Services to assure compliance with Medicare conditions of
participation pursuant to §
1865 of Title XVIII
of the Social Security Act (42 U.S.C. § 1395bb), or guidelines approved or
adopted by a statewide or local association representing health
care providers licensed in the Commonwealth pursuant
to clause (iii) (f) of subsection B of §
8.01-581.17, or established and duly
constituted by one or more public or licensed private hospitals, health systems, community
services boards, or behavioral health authorities, or with a governmental
agency and provided further that such act, decision, omission, or utterance is
not done or made in bad faith or with malicious intent.