Protection for the Registry Operator
Running a statewide registry that stores medical instructions carries real legal risk. This statute provides a liability shield for the organization and its contractors.
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.
A.R.S. § 36-3296(A)The protection is broad but not total. If the organization runs the registry carelessly or acts on purpose to cause harm, the shield does not apply.
This strikes a balance. The organization can maintain the system without fear of routine lawsuits. It stays accountable for serious failures.
Good Faith Protection for Healthcare Providers
Providers also get protection when they rely on directives from the registry. A provider who acts in good faith on a directive that looks genuine receives criminal and civil immunity under A.R.S. 36-3205 and 36-3251.
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 sections 36-3205 and 36-3251.
A.R.S. § 36-3296(B)One detail worth noting: the orange form rule for prehospital directives does not apply when a provider pulls the directive from the registry. The orange form helps paramedics spot the document in person. When the directive comes through an electronic system, that visual cue is not needed.
What This Means for Family Members
Many families find comfort knowing that providers who follow their loved one's wishes are legally protected. This encourages providers to honor your directives.
Nothing in this statute requires providers to check the registry before treating a patient. Providers are not penalized for not looking. But when they do check and act in good faith, the law protects them.