(a) Civil immunity for physicians, nurse or dentist members of certain boards and committees. Any physician, nurse or dentist who is actively engaged in the practice of such profession shall be immune from civil liability for any act, decision, or omission done or made in good faith in performance of duties as a member or agent of committees specified in Rule 412 of the Guam Rules of Evidence, when such committee functions: (1) to investigate any complaint that a physical or mental impairment, including alcoholism or drug addiction, had impaired the ability of any physician or dentist to practice his profession, and to encourage, recommend and arrange for a course of treatment, if deemed appropriate, or (2) to review the duration of patient stays in health facilities or professional services furnished with respect to the medical or dental necessity for such services, for the purpose of promoting the most efficient use of available health facilities and services, the adequacy or quality of professional services, or the reasonableness of charges made by or on behalf of physicians or dentists, or (3) to resolve questions concerning the admission of any member to, or the taking of disciplinary action against any member of, any medical society or association affiliated with the American Medical Association or American Dental Association; provided, that such entity has been established and duly constituted by a public hospital, or a medical or dental society or association affiliated with the American Medical Association or the American Dental Association or with a governmental agency and provided that such act, decision, or omission is not done or made in bad faith or with malicious intent. The immunity provided by subsection (a) of this section shall not extend to any person with respect to actions, decisions, or omissions, the liability for which is limited under the provisions of the Federal Social Security Acts or amendments thereto. (b) Civil immunity of members of, or consultants to, certain boards or committees. Every member of, or health care professional consultant to, committees specified in Rule 412 of the Guam Rules of Evidence, shall be immune from civil liability for any act, decision, omission, or utterance done or made in good faith performance of duties while serving as a member or consultant to such committee, when such committee functions to review, evaluate, or make recommendations on: (1) the duration of patient stays in health care facilities, (2) professional services furnished with respect to the medical or dental necessity for such services, (3) the purpose of promoting the most efficient use of available health care facilities and services, (4) the adequacy or quality of professional services, (5) the competency and qualifications for professional staff privileges, or
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(6) the reasonableness or appropriateness of charges made by or on behalf of health care facilities; provided, that such entity has been established pursuant to federal or Guam law or regulation, or pursuant to standards of the Joint Commission on Accreditation of Health Care Organizations; and provided further that such act, decision, omission, or utterance is not done or made in bad faith or with malicious intent. SOURCE: CC § 3285 as added by P.L. 20-177 (May 18, 1990). 2025 NOTE: Subsection designations modified pursuant to authority granted by 1 GCA § 1606. References in subsection (a) and (b) to 6 GCA § 412 replaced with Rule 412 of the Guam Rules of Evidence, adopted by Promulgation Order No. PRM 06-001 pursuant to P.L. 28-138:1 (July 11, 2006). Past publications of the GCA included a manifest error stating the source of this provision was P.L. 20-117 (Jan. 18, 1990); this erroneous information has been corrected and will be omitted from future publications.