36-27A-40. Limited liability of members of board or professional society for actions taken to maintain standards--Professional society defined--Official immunity unaffected.
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/sd/title-36/chapter-36-27/36-27a-40A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed committee of the Board of Examiners of Psychologists created pursuant to § 36-27A-3 or of a state professional society, comprised of psychologists 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 duly established professional standards of the society or the requirements of law or peer review of insurance or other similar matters, 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 a 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 organizations of psychologists having as members at least a majority of the eligible licensees in the state. The provisions of this section do not affect the official immunity of any officer or employee of a public corporation or of psychologists serving on a committee or board or other entity authorized by state or federal law.