Arizona Laws 36-3296. Liability; limitation
A. Except for acts of gross negligence, wilful misconduct or intentional wrongdoing, the qualifying health information exchange organization and its contractors are not subject to civil liability for any claims or demands arising out of the administration or operation of, or the provision of access to information stored in, the registry established pursuant to this article.
Terms Used In Arizona Laws 36-3296
- Health care directive: means a document drafted in substantial compliance with this chapter, including a mental health care power of attorney, to deal with a person's future health care decisions. See Arizona Laws 36-3201
- Health care provider: means a natural person who is licensed under Title 32, Chapter 11, 13, 15, 17 or 25, a hospice as defined in section 36-401 that is licensed under chapter 4 of this title or an organization that is licensed under this title, that renders health care designed to prevent, diagnose or treat illness or injury and that employs persons licensed under Title 32, Chapter 11, 13, 15, 17 or 25. See Arizona Laws 36-3201
- Qualifying health information exchange organization: means a nonprofit health information organization as defined in section 36-3801 that is designated by the department of health services pursuant to section 36-3291 to operate the health care directives registry. See Arizona Laws 36-3201
B. This article does not require a health care provider to request from the registry information about whether a patient has executed a health care directive. A health care provider who makes good faith health care decisions in reliance on the provisions of an apparently genuine health care directive received from the registry is immune from criminal and civil liability to the same extent and under the same conditions as prescribed in sections 36-3205 and 36-3251, except that the requirement that a prehospital medical care directive be on an orange form does not apply to a health care provider who relies on a prehospital medical care directive displayed through the registry.
C. This article does not affect the duty of a health care provider to provide information to a patient regarding health care directives pursuant to federal law.