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.
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 §§ 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.
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