CHAPTER 368

FORMERLY

HOUSE BILL NO. 802

AN ACT TO AMEND CHAPTER 11, TITLE 24 OF THE DELAWARE CODE RELATING TO DENTISTRY, AND PROVIDING FOR THE IMMUNITY OF OFFICIALS REVIEWING DENTAL RECORDS AND DENTISTS' WORK.

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

Section 1. Amend Chapter 11, Title 24 of the Delaware Code, by adding thereto a new subchapter, designated as Subchapter V, which new subchapter shall read as follows :

SUBCHAPTER V. GENERAL PROVISIONS

§1191. Immunity of officials reviewing dental records and Dentists' work

The members of the State Board of Dental Examiners of Delaware, dental ethics committee and dentists who are members of Hospital and Delaware State Dental Society committees whose function is the review of dental records and of dentists' work with a view to quality of care and utilization of hospital facilities, home visits, and office visits 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 proceeding, 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, authority, duties, powers and privileges of the offices conferred by law upon them under the provisions of this Chapter, 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 proven otherwise, with malice required to be shown by a complainant.

Approved June 14, 1974.