§327L-19 Immunities; basis for prohibiting health care provider from participation; notification; permissible sanctions. (a) Except as provided in section 327L-20 and subsection (c):
(b) Notwithstanding any other provision of law, a health care facility may prohibit a health care provider from participating in actions covered by this chapter on the premises of the health care facility if the health care facility has notified the health care provider of the health care facility's policy regarding participation in actions covered by this chapter. Nothing in this subsection shall prevent a health care provider from providing health care services to a patient that do not constitute participation in actions covered by this chapter.
(c) Subsection (a) notwithstanding, if the health care facility has notified the health care provider prior to participation in actions covered by this chapter that the health care facility prohibits participation on its premises in actions covered by this chapter, the health care facility may subject the health care provider to the following sanctions:
(d) A health care facility that imposes sanctions pursuant to subsection (c) shall follow all due process and other procedures the health care facility may have that are related to the imposition of sanctions on a health care provider.
(e) For the purposes of this section:
"Notify" means to deliver a separate statement in writing to a health care provider specifically informing the health care provider before the health care provider's participation in actions covered by this chapter of the health care facility's policy regarding participation in actions covered by this chapter.
"Participation in actions covered by this chapter" means the performance of duties of an attending provider pursuant to section 327L-4, the consulting provider function pursuant to section 327L-5, or the counseling referral function or counseling pursuant to section 327L-6. "Participation in actions covered by this chapter" does not include:
(f) Action taken pursuant to sections 327L-4 through 327L-6 shall not be the sole basis for disciplinary action under sections 453-8, 465-13, or 467E-12. [L 2018, c 2, pt of §3; am L 2023, c 43, §6]