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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-606" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="6" subtitle_name="Immunities and Prohibited Actions -- Health and Public Safety">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Charitable organization” means:</text>
      <level label="i">
        <text>An organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, except licensed hospitals; or</text>
      </level>
      <level label="ii">
        <text>A medical society that is exempt from taxation under § 501(c)(6) of the Internal Revenue Code.</text>
      </level>
    </level>
    <level label="3">
      <text>“Compensation” does not include actual and necessary expenses that are incurred by a volunteer or physician in connection with the services provided or the duties performed by the volunteer or physician on behalf of a charitable organization, and that are reimbursed to the volunteer or physician or otherwise paid.</text>
    </level>
    <level label="4">
      <text>“Health care provider” has the meaning stated in § 3-2A-01 of this article.</text>
    </level>
    <level label="5">
      <text>“Physician” means any physician licensed to practice medicine in the State.</text>
    </level>
    <level label="6">
      <text>“Suit” means any civil action, including any health care malpractice action filed with the Health Care Alternative Dispute Resolution 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.</text>
    </level>
    <level label="7">
      <text>“Volunteer” means an officer, director, trustee, or other person who provides services or performs duties on behalf of a charitable organization without receiving compensation.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>Willful or wanton misconduct;</text>
      </level>
      <level label="ii">
        <text>Gross negligence; or</text>
      </level>
      <level label="iii">
        <text>Intentionally tortious conduct.</text>
      </level>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>Willful or wanton misconduct;</text>
      </level>
      <level label="ii">
        <text>Gross negligence; or</text>
      </level>
      <level label="iii">
        <text>Intentionally tortious conduct.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
</section>
