Section 36-6A-27 - Immunity from liability for acts of members of professional committees--Confidentiality of committee communications.
36-6A-27. Immunity from liability for acts of members of professional committees--Confidentiality of committee communications. There may be no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed committee of a state or local professional society, comprised of dentists or dental hygienists licensed to practice their profession in the State of South Dakota, for any act or proceeding undertaken or performed within the scope of the functions of any such committee which is formed to maintain the professional standards of the society established by its bylaws, if such committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he acts, and acts in reasonable belief that the action taken by him is warranted by the facts known to him after such reasonable effort to obtain facts. "Professional society" includes dental organizations having as members at least a majority of the eligible licensees in the area served by the particular society. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. No communications either to or from any such committee or its members or its proceedings, if acting as a peer review committee concerning the ethical or professional practices of any licensed dentist are discoverable for any purpose in any civil or criminal action. However, such communication is discoverable in an administrative proceeding as contemplated by chapter 1-26. All such communications are confidential. The committee shall transfer all documentation material to a complaint to the State Board of Dentistry upon subpoena by the board or upon filing a complaint. The confidentiality provided in this section shall cease upon transfer of the material to the board.
Source: SL 1975, ch 233; SL 1981, ch 276; SL 1986, ch 305, § 1; SL 1992, ch 269, § 19.