WILLIAM DONALD SCHAEFER, Governor                    Ch. 498

with the services that he performs for a charitable organization,
and that are reimbursed to the volunteer or otherwise paid.

(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.

(5)   "Suit" means any civil action, including a health
care malpractice action, brought against a volunteer of a
charitable organization or against the charitable organization by
virtue of the 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 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)  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 that
arises from the volunteer's actions or omissions in connection
with any services that the volunteer performs for the charitable
organization, unless an action or omission of the volunteer
constitutes reckless, willful, or wanton misconduct or
intentionally tortious conduct.

SECTION 2. AND BE IT FURTHER ENACTED, That the provisions
of this Act shall apply to any cause of action arising on or
after July 1, 1989.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 19, 1989.

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