36-4B-34.1. Peer review committee--Activities--Liability of members.For the purposes of §§36-4B-34.1 to 36-4B-34.4, inclusive, a peer review committee is one or more persons, including an emergency medical technician at any level as described in this chapter, acting as an administrative or medical committee of a licensed health care facility or a licensed ambulance service, that engages in peer review activity. There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a peer review committee or against any consultant to that committee engaging in peer review activity as provided in §§36-4B-34.1 to 36-4B-34.4, inclusive, if the committee member or consultant acts without malice, has made a reasonable effort to obtain the facts of the matter under consideration, and acts in a reasonable belief that the action taken is warranted by those facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation. Source: SL 2004, ch 244, §1.
South Dakota Legal Code