(a) There shall be no monetary liability on the part of, and no cause of action shall
arise against, any member of a duly appointed committee of a professional society
which comprises a substantial percentage of the persons licensed pursuant to Part
1 (commencing with Section 10000) of Division 4 of the Business and Professions Code and situated in the geographic
area served by the particular society, for any act or proceeding undertaken or performed
within the scope of the functions of any such committee which is formed to maintain
the professional standards of the society established by its bylaws, if such member
acts without malice, has made a reasonable effort to obtain the facts of the matter
as to which he acts, and acts in reasonable belief that the action taken by him is
warranted by the facts known to him after such reasonable effort to obtain facts.
(b) There shall be no monetary liability on the part of, and no cause of action for
damages shall arise against, any person on account of the communication of information
in the possession of such person to any committee specified in subdivision (a) when
such communication is intended to aid in the evaluation of the qualifications, fitness
or character of a member or applicant for membership in any such professional society,
and does not represent as true any matter not reasonably believed to be true.
(c) The immunities afforded by this section shall not affect the availability of any
absolute privilege which may be afforded by Section 47.
(d) This section shall not be construed to confer immunity from liability on any professional
society. In any case in which, but for the enactment of this section, a cause of action would
arise against a professional society, such cause of action shall exist as if this
section had not been enacted.
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