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§ 5-607. Physicians' services for sports programs

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 6. Immunities and Prohibited Actions--Health and Public Safety (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-607
§ 5-607. Physicians' services for sports programs
Currentness
Definitions
(a)(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.
Physicians’ services volunteered and without compensation
(b) 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.
Application of section
(c) 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.
Construction of section
(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 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.

Credits

Added as Courts and Judicial Proceedings § 5-309.4 by Acts 1991, c. 429. Amended by Acts 1994, c. 576, § 1, eff. Oct. 1, 1994. Renumbered as Courts and Judicial Proceedings § 5-607 by Acts 1997, c. 14, § 9, eff. April 8, 1997.
MD Code, Courts and Judicial Proceedings, § 5-607, MD CTS & JUD PRO § 5-607
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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