Section 5-607 - Volunteer sports program physicians. - Maryland Statutes

§ 5-607. Volunteer sports program physicians.
 

(a)  Definitions.-  

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

(2) "Compensation" does not include: 

(i) Actual and necessary expenses that are incurred by a physician or volunteer in connection with the services provided or duties performed by the physician or volunteer for a sports program, and that are reimbursed to the physician or otherwise paid; or 

(ii) The listing without cost to the physician of the physician's name or without cost to the volunteer of the volunteer's name in a school or event publication. 

(3) "Physician" means any physician, including a doctor of osteopathy, who is licensed to practice medicine in the State. 

(4) "Sports program" means a program or portion of a program of an institution of higher education or of a public or nonpublic school that is organized for intramural or interschool recreational purposes with activities that include basketball, baseball, football, soccer, track, or any other competitive sports. 

(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)  Immunity from liability; exceptions.- A physician who voluntarily and without compensation provides services or performs duties as a physician for a sports program, whether or not the services are 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 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)  Applicability.- 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)  Scope of section.-  

(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 available at common law to which a volunteer or physician may be entitled. 
 

[1991, ch. 429; 1994, ch. 576; 1997, ch. 14, § 9.]