Rule 360-11-.06. Limitation on Liability

1. (1) Any entity that contracts with the Board for a PHP shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, for the performance of any functions or duties under the contract if performed in accordance with the terms of such contract and the provisions of law.
2. (2) Notwithstanding any other provisions of the law, the members of the Wellness Committee and Board shall not be liable in damages to any person for any acts, omissions or recommendations made by them in good faith while acting within the scope of their responsibilities pursuant to the law and rules.
3. (3) No person who in good faith and without malice makes a report to the Board shall be liable for damages to any person.

Authority: O.C.G.A. Secs. 31-11-52, 43-34-5, 43-34-5.1, 43-34-8, 43-34-26.1.

History. Original Rule entitled "Reciprocity and Certification" adopted as ER. 360-11-0.3-.06. F. and eff. January 25, 1978.

Amended: Permanent Rule of same title adopted. F. Apr. 24, 1978; eff. May 14, 1978.

Repealed: New Rule entitled "Approval of Training Courses" adopted. F. June 18, 1984; eff. July 13, 1984, as specified by the Agency.

Amended: F. May 20, 1988; eff. June 30, 1988, as specified by the Agency.

Amended: F. June 13, 1989; eff. July 3, 1989.

Repealed: F. Dec. 14, 2007; eff. Jan. 3, 2008.

Amended: New Rule entitled "Limitations" adopted. F. Dec. 21, 2009; eff. Jan. 10, 2010.

Repealed. New Rule entitled "Limitation on Liability" adopted. F. Jul. 5, 2011; eff. July 25, 2011.