Climate Change Project

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Protection from Liability

If a professional review action (as defined in the Act) of a professional review body meets all the standards specified in the Act, then the professional review body, any person acting as a member or staff to the body, any person under a contract or other formal agreement with the body, and any person who participates with or assists the body with respect to the action, shall not be liable in damages under any law of the United States or of any State (or political subdivision thereof) with respect to the action.

This immunity does not extend to civil rights violations, nor does it apply to civil or criminal actions brought by the United States or any Attorney General of a State. There is no immunity for the peer review activities of an institution that does not comply with the reporting requirements of the Act. These protections apply to peer review actions taken on or after October 14, 1989, unless a state chooses, by legislation, to exempt itself from the protections of the Act. (sec. 11111)

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