HOUSE BILL NO. 360
AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 81, TITLE 10 OF THE DELAWARE CODE RELATING TO LIMITATION OF CIVIL LIABILITY FOR CERTAIN VOLUNTEERS AND CERTAIN MEDICAL CLINICS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 81, Title 10, Delaware Code by adding thereto a new Section §8134 to read as follows:
§8134. Limitation from civil liability for certain volunteers.
(a) For purposes of this Section, the following terms shall have the meanings ascribed herein:
(1) 'Volunteer' is any licensed physician or nurse engaged in an activity for a medical clinic without compensation.
(2) 'Activity' is any decision, act or event relating to medical treatment of a person undertaken by the medical clinic in furtherance of the person's medical treatment.
(3) 'Medical Clinic' is any facility other than a hospital or doctor's office which offers medical services, which is run by a non—profit entity under section 501(c)(3) of the Internal Revenue Code, and which is staffed entirely or in part by licensed physicians or nurses who serve without compensation.
(4) 'Compensation' is any remuneration, whether by way of salary, fee or otherwise, for services rendered, exclusive of any gift perquisite in form of access to services of the medical clinic at no or a reduced cost or reimbursement for costs actually incurred or the providing of lunch or other meals.
(5) 'Employee' is any person who receives compensation from the medical clinic for services rendered in connection with an activity of the medical clinic.
(b) No volunteer or the medical clinic with which he is affiliated shall be subject to suit directly, derivatively or by way of contribution or identification for any civil damages under the laws of Delaware resulting from any negligent act or omission performed during or in connection with an activity of the volunteer while serving the medical clinic, unless said volunteer has insurance coverage for such acts or omissions in which case the amount recovered shall not exceed the limits of such applicable insurance coverage.
(c) Notwithstanding those provisions of Subsection (b) of this Section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity; provided, that the amount recovered from such volunteer shall not exceed the limits of applicable Insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances.
(d) The immunity granted in Subsection (b) of this Section shall not extend to any act or omission constituting willful and wanton or grossly negligent conduct."
Approved May 15, 1990.