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Session Laws, 1999
Volume 796, Page 4379   View pdf image
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(4) "Health care provider" has the same meaning stated in § 3-2A-01 of
the Courts Article.

(5) "Physician" means any physician licensed to practice medicine in the
State.

(6) "Suit" means any civil action, including any health care malpractice
action filed with the health claims arbitration office, brought against a volunteer or
physician or a charitable organization by virtue of the volunteer's or physician's act or
omission in providing services or performing duties on behalf of the charitable
organization.

(7) "Volunteer" means an officer, director, trustee, or other person who
provides services or performs duties on behalf of a charitable organization without
receiving compensation.

(b) (1) 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 [at] OR THROUGH a charitable organization 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.

(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.

(c) (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 who is
a health care provider.

(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 available at common law, to which a volunteer who is a health care
provider or physician may be entitled.

 

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Session Laws, 1999
Volume 796, Page 4379   View pdf image
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