Ch. 576                                    1994 LAWS OF MARYLAND

(ii) In a health care malpractice action," "volunteer" does not include a
provider of HEALTH CARE 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] AN ACT OR OMISSION OF AN OFFICER, DIRECTOR, EMPLOYEE,
TRUSTEE, OR ANOTHER VOLUNTEER, OF THE ASSOCIATION OR ORGANIZATION for
which the volunteer performs services, unless:

(1)     The volunteer knew or should have known of an [action] ACT or
omission of a particular officer, DIRECTOR, employee, trustee, or [other] ANOTHER
volunteer, and the volunteer authorizes, approves, or otherwise actively participates in
that [action] ACT or omission; or

(2)     After an [action] ACT or omission of a particular officer, DIRECTOR,
employee, trustee, or [other] ANOTHER volunteer, the volunteer, with full knowledge of
that [action] ACT 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] ACT OR OMISSION in connection with any services [that] PROVIDED OR
DUTIES PERFORMED BY the volunteer [performs for the charitable] ON BEHALF OF
THE ASSOCIATION OR organization, unless an [action] ACT or omission of the volunteer
constitutes GROSS NEGLIGENCE, reckless, willful, or wanton misconduct [or], OR
intentionally tortious conduct.

(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 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
[Annotated] Code [of Maryland] or available at common law, to which a volunteer may
be entitled [under circumstances not covered by this section].

(e)     The provisions of this section do not apply to suits brought by the Attorney
General upon referral by the Secretary of State in which willful violations of Article 41, §§
3-201 through 3-214 of the Code are alleged and proven.

(F) THIS SECTION MAY BE CITED AS THE MARYLAND VOLUNTEER SERVICE
ACT.         

5-353.

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

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