Ch. 576

1994 LAWS OF MARYLAND

[(5) "Compensation" does not include actual and necessary expenses that are
incurred by a volunteer in connection with the services the volunteer performs for a
charitable organization and are reimbursed.

(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 or 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) (1) [Licensed physicians and volunteers] A VOLUNTEER WHO IS -A
HEALTH CARE PROVIDER OR PHYSICIAN who [render] RENDERS health care services
voluntarily and without compensation to any person seeking health care at a charitable
organization [are] IS 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)](I) Willful or wanton misconduct;

[(2)] (II) Gross negligence; or

[(3)] (III) Intentionally tortious conduct.

(2)      A VOLUNTEER WHO IS A HEALTH CARE PROVIDER OR PHYSICIAN
WHO RENDERS HEALTH CARE SERVICES VOLUNTARILY AND WITHOUT
COMPENSATION TO ANY PERSON SEEKING HEALTH CARE THROUGH A CHARITABLE
ORGANIZATION CHARTERED TO PROVIDE HEALTH CARE SERVICES TO HOMELESS
OR INDIGENT INDIVIDUALS IS 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:

(I)       WILLFUL OR WANTON MISCONDUCT;

(II)     GROSS NEGLIGENCE; OR

(III)    INTENTIONALLY TORTIOUS CONDUCT.

(3)      THE IMMUNITY FROM LIABILITY IN A SUIT FOR CIVIL DAMAGES
PROVIDED TO A VOLUNTEER WHO IS A HEALTH CARE PROVIDER OR PHYSICIAN
UNDER PARAGRAPHS (1) AND (2) OF THIS SUBSECTION APPLIES ONLY IF:

(I)      INSURANCE COVERING THE ACT OR OMISSION OF THE
VOLUNTEER WHICH IS THE SUBJECT MATTER OF THE SUIT IS MAINTAINED BY THE
VOLUNTEER CLAIMING THE IMMUNITY OR BY THE CHARITABLE ORGANIZATION ON
BEHALF OF WHICH THE VOLUNTEER RENDERED HEALTH CARE SERVICES; AND

(II)     THE INSURANCE HAS:

1. A. A LIMIT OF COVERAGE OF NOT LESS THAN $200,000
PER INDIVIDUAL CLAIM, AND $500,000 PER TOTAL CLAIMS THAT ARISE FROM THE
SAME OCCURRENCE; OR

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