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Last Modifed: 09/30/2010 
Return to State Mandate Summaries by Provision

Mandate Provision: Liability Immunity
 
Excerpts from Legislation/Rules & Regulations

ALASKA

Statute: Sec.6, Sec. 47.20.320
(d) A hospital or other health facility, clinical laboratory, audiologist, physician, registered nurse, certified nurse midwife, direct-entry midwife, officer or employee of a health facility or clinical laboratory, or an employee of an audiologist, physician, or registered nurse is not criminally or civilly liable for furnishing information in good faith to the department or its designee under this section. The furnishing of information in accordance with this section is not a violation of AS 08 or AS 18 or regulations adopted under AS 08 or AS 18 for licensees under those statutes.

Source: HB 109

DELAWARE

Statute: Sec.1, 805A
805A. Civil and Criminal Immunity and Penalties.

(a) No physician shall be civilly or criminally liable for failure to conduct hearing screening testing. (b) No physician or hospital acting in compliance with this Chapter shall be civilly or criminally liable for any acts taken in conformity herewith, including without limitation furnishing information required to be furnished hereunder.Source: HB 205

IOWA

Statute: Sec.1, 10.
10. A person who acts in good faith in complying with this section shall not be civilly or criminally liable for reporting the information required to be reported by this section.

Source: HF 454

MAINE

Statute: Sec. 3. 22 MRSA c. 1687 is enacted to read: ... '8824. 3. Persons reporting information in good faith in compliance with this chapter are immune from civil liability. [Source: LD 1814, 1999]

MINNESOTA

Statute: Sec.2, Subd.6  
  Subd. 6. Civil and criminal immunity and penalties.

(a) No physician or hospital shall be civilly or criminally liable for failure to conduct hearing screening testing.
(b) No physician, midwife, nurse, other health professional, or hospital acting in compliance with this section shall be civilly or criminally liable for any acts conforming with this section, including furnishing information required according to this section.Source: HF 1206

MISSISSIPPI

Statute: SECTION 1. ... (2) No health care provider shall be civilly liable for the failure to conduct such testing.

SECTION 3. ... (6) The following persons who act in compliance with this section are not civilly or criminally liable for furnishing information required by this section: a hospital, clinical laboratory or other health care facility, and audiologist, an administrator, officer or employee of a hospital or other health care facility, and a physician or employee of a physician.

MISSOURI

Statute: 191.925. 10. Any person who acts in good faith in complying with the provisions of this section by reporting the newborn hearing screening results to the department of health and senior services shall not be civilly or criminally liable for furnishing the information required by this section. [Source: L. 1999 H.B. 401 ' 191.250 - Chapter 191, Health and Welfare, Section 191.925, 2001]

PENNSYLVANIA

Statute: SB No. 100, Sec.7, (c), A...Any person who acts in good faith in complying with the provisions of this section by reporting newborn and infant hearing screening results to the department shall not be held civilly or criminally liable for furnishing the information required by this act...

TEXAS

Statute: Sec. 47.009. IMMUNITY FROM LIABILITY. A birthing facility, a clinical laboratory, an audiologist, a health care provider, a physician, a registered nurse, or any other officer or employee of a birthing facility, a laboratory, a physician, or an audiologist is not criminally or civilly liable for furnishing information in good faith to the department or its designee as required by this chapter. This section does not apply to information gathered and furnished after a parent of a newborn or infant declined screening offered through a program. [Source: HB714, 1999]

Rules: '37.511 (f) A birthing facility and any other entity or person cited in Health and Safety Code, '47.009 which discloses individually identifying information regarding newborn hearing screening results to the department in good faith pursuant to this section is not subject to civil or criminal liability, as provided by Health and Safety Code, '47.009.

(g) If consent to disclose individually identifying information to the department is obtained, the facility obtaining consent shall maintain the consent in the patient's medical record. [Source: TITLE 25, PART 1, CHAPTER 37, SUBCHAPTER S RULE '37.511]


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