Sec. 160.010. IMMUNITY FROM CIVIL LIABILITY. (a) The following are immune from civil liability:
(1) a person who, in good faith, reports or furnishes information to a medical peer review committee or the board;
(2) a member, employee, or agent of the board, a medical peer review committee, or a medical organization committee, or a medical organization district or local intervenor, who takes an action or makes a recommendation within the scope of the functions of the board, committee, or intervenor program, if that member, employee, agent, or intervenor acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to that person; and
(3) a member or employee of the board or any person who assists the board in carrying out its duties or functions provided by law.
(b) A cause of action does not accrue against a member, agent, or employee of a medical peer review committee or against a health care entity from any act, statement, determination or recommendation made, or act reported, without malice, in the course of medical peer review.
(c) A person, medical peer review committee, or health care entity that, without malice, participates in medical peer review or furnishes records, information, or assistance to a medical peer review committee or the board is immune from any civil liability arising from that act.
(d) A person or health care entity required to report to the board may not be found liable in a civil action for failure to report to the board unless the failure was committed knowingly or wilfully, except that the appropriate state licensing body may take action against a licensed person or entity for not reporting as required under this subtitle.
(e) A member of an expert panel under Section 154.056(e) and a person serving as a consultant to the board are immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken without fraud or malice in the course of performing the person's duties in evaluating a medical competency case. The attorney general shall represent a member of an expert panel or consultant in any suit resulting from a duty provided by the person in good faith to the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.30, eff. September 1, 2005.
Notes of Decisions
Bodin v. United States, 462 F.3d 481 (5th Cir. 2006).
· cites it 2× “06(Z), now codified in Tex. OccCode § 160.010(b), the plaintiff “had the burden to prove malice to meet the threshold to establish a cause of action for, or to impose, civil liability/' that "[t]o impose liability under the Act required an affirmative finding on the issue of…”
Moreno v. Quintana, 324 S.W.3d 124 (Tex. App. 2010).
· cites it 4× “In the alternative, to the extent such a cause of action was a basis for liability, the hospital claimed immunity under Texas Occupations Code Section 160.010, because there is no evidence that the physicians assistant who attended to Ms.”
KPH Consolidation, Inc. v. Romero, 102 S.W.3d 135 (Tex. App. 2003).
· cites it 2× “Laws 2325 , 2335 (repealed 1999) (current version at Tex. Occ.Code Ann. § 160.010 (Vernon Supp.”
Benson v. St. Joseph Reg'l Health Ctr., 575 F.3d 542 (5th Cir. 2009).
“” Tex. Occup. Code § 160.010(a)(2). The district court, on March 22, 2007, granted summary judgment against Benson on his state law claims after determining that the Defendants were entitled to the TMPA’s immunity.”
Nowzaradan v. Ryans, 347 S.W.3d 734 (Tex. App. 2011).
“See Tex. Occ.Code Ann. § 160.010(b) (West Supp.”
Van v. Anderson, 199 F. Supp. 2d 550 (N.D. Tex. 2002).
· cites it 2× “t of the board, a medical peer review committee, or a medical organization district or local intervenor, who takes an action or makes a recommendation within the scope of the functions of the board, committee, or intervenor program, if that member, employee, agent, or intervenor…”
Ching v. Methodist Child.'s Hosp., 134 S.W.3d 235 (Tex. App. 2003).
“§ 11111 and Tex. Occ. Code Ann. § 160.010 In addition to the duty to exercise reasonable care in the selection of its medical staff and in granting specialized privileges, a hospital has a common law duty to periodically monitor and review the competency of the members of its…”
Tex. Occ. Code § 160.010(a): 1 case
Van v. Anderson, 199 F. Supp. 2d 550 (N.D. Tex. 2002).
“t of the board, a medical peer review committee, or a medical organization district or local intervenor, who takes an action or makes a recommendation within the scope of the functions of the board, committee, or intervenor program, if that member, employee, agent, or intervenor…”
Tex. Occ. Code § 160.010(a)(2): 3 cases
Benson v. St. Joseph Reg'l Health Ctr., 575 F.3d 542 (5th Cir. 2009).
“” Tex. Occup. Code § 160.010(a)(2). The district court, on March 22, 2007, granted summary judgment against Benson on his state law claims after determining that the Defendants were entitled to the TMPA’s immunity.”
Tex. Occ. Code § 160.010(b): 8 cases
Bodin v. United States, 462 F.3d 481 (5th Cir. 2006).
“06(Z), now codified in Tex. OccCode § 160.010(b), the plaintiff “had the burden to prove malice to meet the threshold to establish a cause of action for, or to impose, civil liability/' that "[t]o impose liability under the Act required an affirmative finding on the issue of…”
Moreno v. Quintana, 324 S.W.3d 124 (Tex. App. 2010).
“In the alternative, to the extent such a cause of action was a basis for liability, the hospital claimed immunity under Texas Occupations Code Section 160.010, because there is no evidence that the physicians assistant who attended to Ms.”
Tex. Occ. Code § 160.010(c): 1 case
Tex. Occ. Code § 160.010(e): 1 case
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