WILLIAM DONALD SCHAEFER, Governor Ch. 546

RESULTS FROM THESE ACTIONS IS IMMUNE FROM ANY CIVIL LIABILITY
IF THE ACTION IS:

(1) IN THE PERFORMANCE OF DUTIES;

(2) WITHIN THE SCOPE OF EMPLOYMENT; AND

(3) WITHOUT MALICE.

A PERSON WHO PERFORMS ANY'SCOLIOSIS SCREENING REQUIRED
UNDER § 7-403.1 OF THE EDUCATION ARTICLE IS NOT LIABLE FOR ANY
CIVIL DAMAGES RESULTING FROM ACTS OR OMISSIONS IN THE
SCREENING NOT AMOUNTING TO GROSS NEGLIGENCE.

SECTION 16-206 OF THE EDUCATION ARTICLE DOES NOT PREVENT A
BOARD OF COMMUNITY COLLEGES TRUSTEES, DESCRIBED UNDER TITLE
16, SUBTITLE 2 OF THE EDUCATION ARTICLE, ON ITS OWN BEHALF, FROM
RAISING THE DEFENSE OF SOVEREIGN IMMUNITY TO ANY AMOUNT OF A
CLAIM IN EXCESS OF THE LIMIT OF AN INSURANCE POLICY OR IN EXCESS
OF $100,000 IN THE CASE OF SELF-INSURANCE.

(A) IN THIS SECTION "DISCHARGE" INCLUDES LEAKAGE, SEEPAGE,
OR OTHER RELEASE OF A HAZARDOUS SUBSTANCE OR MATERIAL.

(B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (D) OF THIS
SECTION, A PERSON WHO IS CALLED ON FOR ASSISTANCE IN AN
EMERGENCY IS NOT SUBJECT TO ANY CIVIL LIABILITY OR PENALTY AS A
RESULT OF ASSISTANCE OR ADVICE RENDERED IN:

(1) MITIGATING THE EFFECTS OF AN ACTUAL OR
THREATENED DISCHARGE OF A HAZARDOUS SUBSTANCE OR MATERIAL;

(2) PREVENTING A DISCHARGE OF A HAZARDOUS SUBSTANCE
OR MATERIAL;

(3) CLEANING UP A DISCHARGE OF A HAZARDOUS
SUBSTANCE OR MATERIAL; OR

(4) ATTEMPTING ANY OF THE ACTS IN THIS SUBSECTION.

(C) THE IMMUNITY PROVIDED IN SUBSECTION (B) OF THIS SECTION
DOES NOT APPLY TO A PERSON:

(1) WHOSE ACT OR OMISSION WAS THE ORIGINAL CAUSE OF
AN ACTUAL OR THREATENED DISCHARGE IN WHOLE OR IN PART, AND
WHO WOULD OTHERWISE BE LIABLE FOR THE ACT OR OMISSION; OR

- 2413 -