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Statutes Text

Article - Courts and Judicial Proceedings




§5–407.

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

        (2)    “Association or organization” means:

            (i)    A business league;

            (ii)    A charitable organization;

            (iii)    A civic league;

            (iv)    A club;

            (v)    A labor, agricultural, or horticultural organization; or

            (vi)    A local association of employees.

        (3)    “Business league” means a league, chamber of commerce, real estate board, or board of trade that is exempt from taxation under § 501(c)(6) of the Internal Revenue Code.

        (4)    “Charitable organization” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

        (5)    “Civic league” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(4) of the Internal Revenue Code.

        (6)    “Club” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(7) of the Internal Revenue Code.

        (7)    “Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer on behalf of an association or organization, and that are reimbursed to the volunteer or otherwise paid.

        (8)    “Labor, agricultural, or horticultural organization” means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(5) of the Internal Revenue Code.

        (9)    “Local association of employees” means an association of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, that is exempt from taxation under § 501(c)(4) of the Internal Revenue Code.

        (10)    “Suit” means a civil action, including a health care malpractice action filed with the Health Care Alternative Dispute Resolution Office, brought against a volunteer of an association or organization or against the association or organization by virtue of the volunteer’s act or omission in providing services or performing duties on behalf of the association or organization.

        (11)    (i)    “Volunteer” means an officer, director, trustee, or other person who provides services or performs duties for an association or organization without receiving compensation.

            (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.

    (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 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 act or omission of a particular officer, director, employee, trustee, or another volunteer, and the volunteer authorizes, approves, or otherwise actively participates in that act or omission; or

        (2)    After an act or omission of a particular officer, director, employee, trustee, or another volunteer, the volunteer, with full knowledge of that 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 act or omission in connection with any services provided or duties performed by the volunteer on behalf of the association or organization, unless an act or omission of the volunteer constitutes gross negligence, reckless, willful, or wanton misconduct, 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 Code or available at common law, to which a volunteer may be entitled.

    (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 Title 6, Subtitles 3, 4, 5, and 6 of the Business Regulation Article are alleged and proven.

    (f)    This section may be cited as the Maryland Volunteer Service Act.