The Board shall not be liable for actions taken in good faith within the bounds of its duties and functions, including, among others:
(a) Immunity. — There shall be no monetary liability, and no cause of action for damages may be filed against any formal member, officer, administrator, team member, committee member, examiner, representative, agent, employee, consultant, witness, or any other person who has served or serves in the Board, whether as an operational part of the Board or as an individual, as a result of any act or person resulting, in omission, procedure, conduct or decision relative to his/her duties while working in good faith and within the bounds of the functions of the Board, provided his/her actions are not illegal.
(b) Indemnity. — If any current formal member, officer, administrator, team member, committee member, examiner, representative, agent, employee, consultant, or any other person within the functions of the Board requests that the Commonwealth of Puerto Rico protect him/her against any claim lodged in connection with his/her duties discharged in good faith and within the bounds of the functions of the Board, and if such a request is made in writing, within a reasonable term, before the trial, and if the person requesting defense cooperates in good faith with the defense in the complaint or action, the Commonwealth shall pay and provide said defense and pay for any resulting judgment, agreement or settlement.
(c) Protected communication. — Any communications by or on behalf of a person, institution, agency or organization, the Board or any person designated by the Board, in connection with an investigation or the initiation of an investigation, be it through a report, a complaint or a statement, shall be privileged. No action or proceeding, whether civil or criminal, shall be allowed against such person, institution, agency or organization if the same was made in good faith.
The protections contained in this chapter shall not constitute a prohibition on the exercise of due process of law carried out by the legal counsel of a party charged.
History —Aug. 1, 2008, No. 139, § 34, eff. Jan 1, 2009.