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Immunity for Committee Members M.G.L. c. 231, § 85N

General Laws of Massachusetts

Section 85N. Liability of licensed members of certain professional societies and committees for damages resulting from official acts.

Section 85N. No member of a professional society or of a duly appointed committee thereof, or a duly appointed member of a committee of a medical staff of a licensed hospital or a health maintenance organization licensed under the provisions of chapter one hundred and seventy-six G shall be liable in a suit for damages as a result of his acts, omissions or proceedings undertaken or performed within the scope of his duties as such committee member, provided that he acts in good faith and in the reasonable belief that based on all of the facts the action or inaction on his part was warranted; nor shall an individual be liable in a suit for damages as a result of acts, omissions or proceedings undertaken or performed within the scope of his duties to a nonprofit corporation, the sole voting member of which is a professional society having as members persons who are licensed to practice medicine; provided, however, that such individual acts in good faith and in the reasonable belief that based on all of the facts the action or inaction on his part was warranted.

For the purposes of this section “professional society” shall mean a society having as members persons who are licensed or admitted to practice in the field of law, medicine, chiropractic, optometry, psychiatry or psychology, dentistry, accounting, engineering, land surveyor, as set forth in section eighty-one D of chapter one hundred and twelve, architecture or social work.

This statutory and regulatory language, updated June 24, 2015 is provided for convenience. Please consult current statutory language and legal counsel before any action is taken or decision is made in reliance on the language above. 

The complete Statutes and Regulations Concerning Hospital and HMO Physician Health Committees is available for download (.pdf, 48 kb).

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