CHAPTER 90

FORMERLY

HOUSE BILL NO. 345

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 17, TITLE 24 OF THE DELAWARE CODE WITH REFERENCE TO IMMUNITY WHEN PARTICIPATING WITH THE BOARD OF MEDICAL PRACTICE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1703(c) of Chapter 17 of Title 24 of the Delaware Code by adding a new sentence at the end of that subsection to read as follows:

"No person filing a complaint with or providing information to the Board concerning the unauthorized practice of medicine shall be held liable in any cause of action arising out of the filing of such complaint or the providing of such information, provided that such person does so in good faith and without malice."

Section 2. Amend §1768(a) of Chapter 17, Title 24 of the Delaware Code by deleting the first two lines commencing with the words "The members" and ending with the word "osteopathic" as the same appears in subsection (a) and inserting the following in lieu thereof:

"(a) The Board of Medical Practice, the Medical Society of Delaware, their members, or the members of any committees appointed thereby, and members of hospital and osteopathic".

Section 3. Amend §1731 of Chapter 17, Title 24, of the Delaware Code by adding a new subsection to be designated as subsection (e) to read as follows:

"No person who files a complaint with the Board, provides information to the Board or its investigative committee, or who testifies as a witness at a Board hearing concerning unprofessional conduct, as that term is defined in subsection (b) of this section, by a person licensed to practice medicine and surgery in this State, or concerning the inability of such licensee to practice medicine for the reasons set forth in subsection (c) of this section, shall be held liable in any cause of action arising out of the filing of such complaint, the providing of such information, or the giving of such testimony, provided that such person does so in good faith and without malice."

Approved July 3, 1979