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Session Laws, 1987
Volume 769, Page 3373   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 751

CONNECTION WITH THE SUPERVISION OF ONE OR MORE OFFICERS,

EMPLOYEES, TRUSTEES, OR OTHER VOLUNTEERS OF THAT CHARITABLE
ORGANIZATION.

(6) (4) (I) "VOLUNTEER" MEANS AN OFFICER, DIRECTOR,
TRUSTEE, OR OTHER PERSON WHO PERFORMS SERVICES FOR A CHARITABLE
ORGANIZATION BUT DOES NOT RECEIVE COMPENSATION, EITHER DIRECTLY
OR INDIRECTLY, FOR THOSE SERVICES.

(II) IN A HEALTH CARE MALPRACTICE ACTION,
"VOLUNTEER" DOES NOT INCLUDE A PROVIDER OF SERVICES OR AN
EMPLOYEE WHO PERFORMS DUTIES ON BEHALF OF A CHARITABLE
ORGANIZATION.

(7) (5) "SUIT" MEANS ANY CIVIL ACTION, EXCEPT ANY
INCLUDING A HEALTH CARE MALPRACTICE ACTION, BROUGHT AGAINST AN
UNCOMPENSATED A VOLUNTEER OF A CHARITABLE ORGANIZATION OR AGAINST
THE CHARITABLE ORGANIZATION BY VIRTUE OF THE UNCOMPENSATED
VOLUNTEER'S ACTS OR OMISSIONS IN PROVIDING SERVICES OR PERFORMING
DUTIES ON BEHALF OF THE CHARITABLE ORGANIZATION.

(B)  A VOLUNTEER IS NOT LIABLE IN DAMAGES BEYOND THE LIMITS
OF ANY PERSONAL INSURANCE THE VOLUNTEER MAY HAVE IN ANY SUIT FOR
INJURY, DEATH, OR LOSS TO PERSONS OR PROPERTY THAT ARISES FROM
THE ACTIONS OR OMISSIONS OF ANY OF THE OFFICERS, EMPLOYEES,
TRUSTEES, OR OTHER VOLUNTEERS OF THE CHARITABLE ORGANIZATION FOR
WHICH THE VOLUNTEER PERFORMS SERVICES, UNLESS:

(1)  WITH PRIOR KNOWLEDGE THE VOLUNTEER KNEW OR SHOULD
HAVE KNOWN OF AN ACTION OR OMISSION OF A PARTICULAR OFFICER,
EMPLOYEE, TRUSTEE, OR OTHER VOLUNTEER, AND THE VOLUNTEER
AUTHORIZES, APPROVES, OR OTHERWISE ACTIVELY PARTICIPATES IN THAT
ACTION OR OMISSION; OR

(2)  AFTER AN ACTION OR OMISSION OF A PARTICULAR
OFFICER, EMPLOYEE, TRUSTEE, OR OTHER VOLUNTEER, THE VOLUNTEER,
WITH FULL KNOWLEDGE OF THAT ACTION OR OMISSION, RATIFIES IT.

(C)  A VOLUNTEER IS NOT LIABLE IN DAMAGES BEYOND THE LIMITS
OF ANY PERSONAL INSURANCE THE VOLUNTEER MAY HAVE IN ANY SUIT FOR
INJURY, DEATH, OR LOSS TO PERSONS OR PROPERTY THAT ARISES FROM
THE VOLUNTEER'S ACTIONS OR OMISSIONS IN CONNECTION WITH ANY
SUPERVISORY OR CORPORATE SERVICES THAT THE VOLUNTEER PERFORMS FOR
THE CHARITABLE ORGANIZATION, UNLESS:

(1) AN ACTION OR OMISSION OF THE VOLUNTEER INVOLVES
CONDUCT AS DESCRIBED IN SUBSECTION (B) OF THIS SECTION; OR

(2) AN ACTION OR OMISSION OF THE VOLUNTEER
CONSTITUTES WILLFUL RECKLESS, WILLFUL, OR WANTON MISCONDUCT OR
INTENTIONALLY TORTIOUS CONDUCT.

- 3373 -

 

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Session Laws, 1987
Volume 769, Page 3373   View pdf image
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