CHAPTER 492

AN ACT TO AMEND SUBCHAPTER V, CHAPTER 17, TITLE 24, DELAWARE CODE, PROVIDING FOR IMMUNITY OF MEMBERS OF MEDICAL COUNCIL OF DELAWARE, THE BOARD OF MEDICAL EXAMINERS OF DELAWARE, THE COUNTY MEDICAL CENSOR COMMITTEES, THE STATE OSTEOPATHIC CENSOR COMMITTEE, AND PHYSICIANS WHO ARE MEMBERS OF HOSPITAL COMMITTES WHOSE FUNCTION IS THE REVIEW OF MEDICAL RECORDS AND OF PHYSICIANS' WORK WITH A VIEW TO QUALIFY OF CARE AND UTILIZATION OF HOSPITAL FACILITIES FROM SUIT OR LIABILITY FOR ACTION TAKEN AS MEMBERS OF SUCH ORGANZATIONS AND COMMITTEES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Subchapter V, Chapter 17, Title 24, Delaware Code, is hereby amended by adding a new Section "1768" to read as follows:

§ 1768. Immunity of members of Medical Council of Delaware, the Board of Medical Examiners of Delaware, members of the County Medical Censor Committees, the State Osteopathic Censor Committee, and physicians who are members of hospital committees whose function is the review of medical records and of physicians' work with a view to quality of care and utilization of hospital facilities

The members of the Medical Council of Delaware, the Board of Medical Examiners of Delaware, the members of the County Medical Censor Committees, the State Osteopathic Censor Committee, and physicians who are members of hospital committees whose function is the review of medical records and of physicians' work with a view to quality of care and utilization of hospital facilities shall severally not be subject to, and shall be immune from, claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or processing, decision or determination undertaken, performed or reached in good faith and without malice by any such member or members acting individually or jointly in carrying out the responsibilities and authority, duties, powers and privileges of the offices conferred by aw upon them under the provisions of Chapter 17 (excluding only Subchapter VI) of this title, or any other provisions of the Delaware law, or duly adopted rules and regulations of the aforementioned committees and hospitals, good faith being presumed until proved otherwise, with malice required to be shown by a complainant.

Approved June 3, 1970.