SENATE, No. 2101

STATE OF NEW JERSEY

INTRODUCED MAY 22, 1997

By Senator CARDINALE

An Act exempting certain organizations and their officials, employees and volunteers from liability for damages under certain conditions and supplementing Title 2A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. No corporation, society, or association which is actively involved in the promulgation of standards, professional practice guidelines, or criteria for any product, service, procedure or professional qualifications used in the practice of medicine or in the practice of any licensed health care service, nor its trustees, directors, officers, employees or volunteers shall, except as set forth herein, be liable to respond for damages to any person who shall suffer damage as a result of any act of commission or omission arising in the course of the establishment of such standards, guidelines or criteria by the corporation, society, or association.

    b. Nothing in this act shall be deemed to grant immunity to any corporation, society, or association, or any agent thereof for any act causing damage by a willful, wanton, or grossly negligent act of commission or omission in the establishment of such standards, guidelines or criteria.

    2. This act shall take effect immediately.

STATEMENT

    This bill would provide that organizations actively involved in the setting of standards, professional practice guidelines or criteria for any product, service or professional qualifications used in the practice of medicine or other licensed health care service would not be liable for civil damages on the basis of any act of commission or omission arising in the course of the establishment of such standards or criteria. The immunity granted by this bill would also cover the officials and employees of such organizations and persons serving as volunteers with these organizations. The immunity would not apply to any damages caused by willful, wanton or grossly negligent acts.

Establishes civil immunity for certain organizations involved in setting health industry standards.