VETOES'
(3) "PHYSICIAN" MEANS ANY PHYSICIAN LICENSED TO
PRACTICE MEDICINE IN THE STATE OF MARYLAND.
(4) "VOLUNTEER" MEANS AN OFFICER, TRUSTEE, OR OTHER
PERSON WHO PERFORMS SERVICES FOR A CHARITABLE ORGANIZATION
WITHOUT RECEIVING COMPENSATION.
(5) "COMPENSATION" DOES NOT INCLUDE:
(I) ACTUAL ACTUAL AND NECESSARY EXPENSES THAT
ARE INCURRED BY A VOLUNTEER IN CONNECTION WITH THE SERVICES HE
PERFORMS FOR A CHARITABLE ORGANIZATION AND ARE REIMBURSED; OR
(II) NOMINAL STIPENDS PAID TO PHYSICIANS NOT IN
PRIVATE PRACTICE WHO ARE ENROLLED IN A RECOGNIZED HOSPITAL
RESIDENCY PROGRAM.
(6) "SUIT" MEANS ANY CIVIL ACTION, INCLUDING ANY
HEALTH CARE MALPRACTICE ACTION FILED WITH THE HEALTH CLAIMS
ARBITRATION OFFICE, BROUGHT AGAINST AN UNCOMPENSATED VOLUNTEER OR
UNCOMPENSATED PHYSICIAN OF A CHARITABLE ORGANIZATION BY VIRTUE OF
THE UNCOMPENSATED INDIVIDUAL'S ACTS OR OMISSIONS IN PROVIDING
SERVICES OR PERFORMING DUTIES ON BEHALF OF THE CHARITABLE
ORGANIZATION.
(B) LICENSED PHYSICIANS AND VOLUNTEERS WHO RENDER HEALTH
CARE SERVICES VOLUNTARILY OR AND WITHOUT COMPENSATION TO ANY
PERSON SEEKING HEALTH CARE AT A CHARITABLE ORGANIZATION ARE NOT
LIABLE, FOR ANY AMOUNT IN EXCESS OF ANY APPLICABLE LIMIT OF
INSURANCE COVERAGE, IN ANY SUIT FOR CIVIL DAMAGES FOR ANY ACT OR
OMISSION RESULTING FROM THE RENDERING OF SUCH SERVICES UNLESS THE
ACT OR OMISSION CONSTITUTES:
(1) WILLFUL OR WANTON MISCONDUCT;
(2) GROSS NEGLIGENCE; OR
(3) INTENTIONALLY TORTIOUS CONDUCT.
(C) THIS SECTION DOES NOT AFFECT, AND MAY NOT BE CONSTRUED
AS AFFECTING, ANY IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES
ESTABLISHED BY ANY OTHER PROVISION OF THE CODE OR BY COMMON LAW,
TO WHICH A VOLUNTEER OR PHYSICIAN MAY BE ENTITLED.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
be construed only prospectively and may not be applied or
interpreted to have any effect upon or application to any cause
of action arising prior to the effective date of this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1987.
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