Ch. 576

1994 LAWS OF MARYLAND

(5) "VOLUNTEER" MEANS AN OFFICER, DIRECTOR, TRUSTEE, OR OTHER
PERSON WHO PROVIDES SERVICES OR PERFORMS DUTIES ON BEHALF OF A SPORTS
PROGRAM WITHOUT RECEIVING COMPENSATION.

(b)     A physician who voluntarily and without compensation [renders] PROVIDES
services OR PERFORMS DUTIES as a physician for a sports program, whether or not the
services are [rendered] PROVIDED OR THE DUTIES ARE PERFORMED at the request of
the school's or institution's administration or a county board of education, is not liable for
any damages for any act or omission resulting from the [rendering] PROVIDING of the
services OR THE PERFORMING OF THE DUTIES unless the act or omission constitutes:

(1)     Willful or wanton misconduct;'

(2)      Gross negligence; or

(3)      Intentionally tortious conduct.

(c)      This section shall apply only to:                           

(1)     Treatment at the site of the sports program;

(2)      Treatment at any practice or training for the sports program; and

(3)     Treatment administered during transportation to or from the sports
program, practice, or training.

(d) (1) THIS SECTION DOES NOT CREATE, AND MAY NOT BE CONSTRUED AS
CREATING, A NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST A
PHYSICIAN OR VOLUNTEER.

(2) 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] AVAILABLE AT common law to which a volunteer or physician may be entitled.

5-312.                       

(a) (1) In this section the following words have the meanings indicated.

(2) (I) "AGENT OF AN ASSOCIATION OR ORGANIZATION" MEANS A
DIRECTOR, OFFICER, TRUSTEE, EMPLOYEE, OR VOLUNTEER OF AN ASSOCIATION OR
ORGANIZATION WHO PROVIDES SERVICES OR PERFORMS DUTIES ON BEHALF OF
THE ASSOCIATION OR ORGANIZATION.

(II) "AGENT OF AN ASSOCIATION OR ORGANIZATION"' DOES NOT
INCLUDE AN INDEPENDENT CONTRACTOR WHO PROVIDES SERVICES OR PERFORMS
DUTIES ON BEHALF OF THE ASSOCIATION OR ORGANIZATION ON A CONTRACTUAL
BASIS.

[(2)] (3) "Association or organization" means:

(i) An athletic club;

(ii) A charitable organization;

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