Section 12-20-402 - Immunity(1) The director, any member of a board or commission, any member of a regulator's staff, any person acting as a witness or consultant to a regulator, any witness testifying in a proceeding authorized by a part or article of this title 12 governing a particular profession or occupation, and any person who lodges a complaint pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from liability in any civil action brought against the individual for acts occurring while acting in the individual's capacity as director, board or commission member, staff, consultant, or witness, respectively, if the individual: (a) Was acting in good faith within the scope of the individual's respective capacity;(b) Made a reasonable effort to obtain the facts of the matter as to which the individual acted; and(c) Acted in the reasonable belief that the action taken by the individual was warranted by the facts.(2) Any person participating in good faith in lodging or making a complaint or report or participating in any investigative or administrative proceeding pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from any civil or criminal liability that may result from that participation; except that a person participating as described in this subsection (2) under article 135 of this title 12 concerning mortuaries and crematories is immune from only civil liability.(3)(a) The immunity granted by subsection (1) of this section to a witness testifying in a proceeding does not apply to proceedings under article 310 of this title 12 concerning surgical assistants and surgical technologists.(b) The immunity granted by subsection (1) of this section to a person who lodges a complaint does not apply to proceedings under: (I) Article 130 of this title 12 concerning landscape architects; or(II) Article 230 of this title 12 concerning hearing aid providers.(4) This section does not apply to articles 140 and 150 of this title 12 concerning nontransplant tissue banks and passenger tramways, respectively.Amended by 2020 Ch. 269, § 7, eff. 7/10/2020.Amended by 2020 Ch. 228, § 3, eff. 7/2/2020.Renumbered from C.R.S. § 12-36-118 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.(1) This section is similar to former § 12-36-118 (3)(b) as it existed prior to 2019.
(2) Amendments to subsection (4) by HB 20-1212 and HB 20-1286 were harmonized.