13-21-115.5. Volunteer service act - immunity - exception for operation of motor vehicles - exception for helicopter search and rescue - short title - legislative declaration - definitions. (1) This section shall be known and may be cited as the "Volunteer Service Act".
(2) The general assembly finds and declares that:
(a) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers;
(b) The contributions of programs, activities, and services to communities is diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve as volunteers of nonprofit public and private organizations;
(c) It is in the public interest to strike a balance between the right of a person to seek redress for injury and the right of an individual to freely give time and energy without compensation as a volunteer in service to the community without fear of personal liability for acts undertaken in good faith absent willful and wanton conduct on the part of the volunteer; and
(d) The provisions of this section are intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services.
(3) As used in this section, unless the context otherwise requires:
(a) "Nonprofit corporation" means any corporation which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), as amended, or which is listed as an exempt organization in section 501(c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended. The term includes a not-for-profit corporation.
(b) "Nonprofit organization" means any organization which is exempt from taxation pursuant to section 501(a) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(a), as amended, or which is listed as an exempt organization in section 501(c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501(c), as amended, and any homeowners association, as defined in and which is exempt from taxation pursuant to section 528 of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 528.
(c) (I) "Volunteer" means a person performing services for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital without compensation, other than reimbursement for actual expenses incurred. The term excludes a volunteer serving as a director, officer, or trustee who shall be protected from civil liability in accordance with the provisions of sections 13-21-116 and 13-21-115.7.
(II) "Volunteer" includes:
(A) A licensed physician, a licensed physician assistant, and a licensed anesthesiologist assistant governed by article 240 of title 12 performing the practice of medicine, as defined in section 12-240-107, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(B) A licensed chiropractor governed by article 215 of title 12 performing chiropractic, as defined in section 12-215-103 (4), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(C) A registered direct-entry midwife governed by article 225 of title 12 performing the practice of direct-entry midwifery, as defined in section 12-225-103 (3), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
tion 12-215-103 (4), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(C) A registered direct-entry midwife governed by article 225 of title 12 performing the practice of direct-entry midwifery, as defined in section 12-225-103 (3), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(D) A licensed nurse governed by the "Nurse and Nurse Aide Practice Act", article 255 of title 12, performing the practice of practical nursing or the practice of professional nursing, as defined in section 12-255-104 (9) and (10), respectively, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(E) An advanced practice registered nurse governed by the "Nurse and Nurse Aide Practice Act", article 255 of title 12, performing nursing tasks within the scope of the person's nursing license and performing advanced practice under authority granted by the state board of nursing pursuant to sections 12-255-111 and 12-255-112 as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(E.5) A certified midwife governed by the "Nurse and Nurse Aide Practice Act", article 255 of title 12, performing certified midwife tasks within the scope of the person's certified midwife license and performing practice as a certified midwife under authority granted by the state board of nursing pursuant to sections 12-255-111.5 and 12-255-112 as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(F) A licensed volunteer nurse governed by the provisions of part 1 of article 255 of title 12 performing volunteer nursing tasks within the scope of the person's nursing license, as described in section 12-255-115, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(G) A certified nurse aide governed by the provisions of article 255 of title 12 performing the practice of a nurse aide, as defined in section 12-255-104 (8.5), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(H) A licensed nursing home administrator and registered nursing home administrator-in-training governed by the provisions of article 265 of title 12 performing the practice of nursing home administration, as defined in section 12-265-103 (5), and the training of an administrator-in-training, as described in section 12-265-109, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(I) A licensed optometrist governed by the provisions of article 275 of title 12 performing the practice of optometry, as defined in section 12-275-103, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(J) A licensed physical therapist governed by the "Physical Therapy Practice Act", article 285 of title 12, performing physical therapy, as defined in section 12-285-104 (6), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(K) A licensed respiratory therapist governed by the "Respiratory Therapy Practice Act", article 300 of title 12, performing respiratory therapy, as defined in section 12-300-104 (3), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(L) A licensed psychiatric technician governed by the provisions of article 295 of title 12 performing the practice as a psychiatric technician, as defined in section 12-295-103 (4), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(L) A licensed psychiatric technician governed by the provisions of article 295 of title 12 performing the practice as a psychiatric technician, as defined in section 12-295-103 (4), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(M) A licensed psychologist governed by the provisions of article 245 of title 12 performing the practice of psychology, as defined in section 12-245-303, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(N) A licensed social worker and licensed clinical social worker governed by the provisions of article 245 of title 12 performing social work practice, as defined in section 12-245-403, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(O) A licensed marriage and family therapist governed by the provisions of article 245 of title 12 performing marriage and family therapy practice, as defined in section 12-245-503, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(P) A licensed professional counselor governed by article 245 of title 12 practicing professional counseling as defined in section 12-245-603 as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(Q) A licensed pharmacist governed by article 280 of title 12 performing the practice of pharmacy, as defined in section 12-280-103 (39), as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(R) A licensed dentist, dental therapist, or dental hygienist governed by article 220 of title 12 performing the practice of dentistry, dental therapy, or dental hygiene, as defined in section 12-220-104 and as described in sections 12-220-305, 12-220-402, 12-220-403, and 12-220-508; as a volunteer for a nonprofit organization, nonprofit corporation, governmental entity, or hospital; or a dentist, dental therapist, or dental hygienist who holds a license in good standing from another state performing the practice of dentistry, dental therapy, or dental hygiene, as defined in section 12-220-104 and as described in sections 12-220-305, 12-220-402, 12-220-403, and 12-220-508, as a volunteer for a nonprofit organization, nonprofit corporation, governmental entity, or hospital pursuant to section 12-220-302 (1)(j);
(S) A licensed or certified addiction counselor governed by article 245 of title 12 performing addiction counseling, as defined in section 12-245-803, as a volunteer for a nonprofit organization, a nonprofit corporation, a governmental entity, or a hospital;
(T) A volunteer member of a rescue unit as defined in section 25-3.5-103 (11); and
(U) A person engaged in backcountry search and rescue efforts as defined in section 33-1-102 (1.3).
(III) The nonprofit organization, nonprofit corporation, governmental entity, or hospital for which a volunteer performs shall annually verify that the volunteer holds an unrestricted Colorado license, registration, or certification to practice the volunteer's respective profession, if a license, registration, or certification is required for the volunteer's profession.
in section 33-1-102 (1.3).
(III) The nonprofit organization, nonprofit corporation, governmental entity, or hospital for which a volunteer performs shall annually verify that the volunteer holds an unrestricted Colorado license, registration, or certification to practice the volunteer's respective profession, if a license, registration, or certification is required for the volunteer's profession.
(4) (a) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:
(I) The volunteer is immune from liability for the act or omission under the federal "Volunteer Protection Act of 1997", as from time to time may be amended, codified at 42 U.S.C. sec. 14501 et seq.; and
(II) The damage or injury was not caused by misconduct or other circumstances that would preclude immunity for such volunteer under the federal law described in subparagraph (I) of this paragraph (a).
(III) (Deleted by amendment, L. 2006, p. 531, § 1, effective July 1, 2006.)
(b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b), nothing in this section shall be construed to bar any cause of action against a nonprofit organization, nonprofit corporation, governmental entity, or hospital or change the liability otherwise provided by law of a nonprofit organization, nonprofit corporation, governmental entity, or hospital arising out of an act or omission of a volunteer exempt from liability for negligence under this section.
(II) A nonprofit organization, nonprofit corporation, governmental entity, or hospital that is formed for the sole purpose of facilitating the volunteer provision of health care shall be immune from liability arising out of an act or omission of a volunteer who is immune from liability under this subsection (4).
(4.5) (a) As used in this subsection (4.5), unless the context otherwise requires:
(I) "Backcountry search and rescue" has the meaning set forth in section 33-1-102 (1.3).
(II) (A) "Governmental entity" means the state, any state agency or institution, or any authority, county, city, city and county, special district, or other political subdivision of the state or any tribal government with jurisdiction in Colorado.
(B) "Governmental entity" includes any institution, department, agency, or authority of any entity listed in subsection (4.5)(a)(II)(A) of this section.
(III) "Rescue unit" has the meaning set forth in section 25-3.5-103 (11).
(IV) "Search and rescue operation" means the operation of a rescue unit or a backcountry search and rescue.
(V) Notwithstanding the definition of "volunteer" in subsection (3)(c) of this section, "volunteer" means an individual, nonprofit organization, for-profit corporation, private organization, or other person that participates as a volunteer in a search and rescue operation by arranging or operating a helicopter for use in a search and rescue operation, or by assisting as a helicopter crew member in a search and rescue operation, without compensation from a governmental entity, other than reimbursement for actual expenses incurred.
nization, for-profit corporation, private organization, or other person that participates as a volunteer in a search and rescue operation by arranging or operating a helicopter for use in a search and rescue operation, or by assisting as a helicopter crew member in a search and rescue operation, without compensation from a governmental entity, other than reimbursement for actual expenses incurred.
(b) A volunteer is immune from civil liability in any action on the basis of any act or omission of the volunteer resulting in damage or injury if:
(I) The volunteer arranges the use of, operates, or assists as a crew member of a helicopter:
(A) For the benefit of a rescue unit or backcountry search and rescue;
(B) On behalf of a governmental entity that is leading the rescue unit or conducting the backcountry search and rescue;
(C) That meets the safety and training requirements described in subsection (4.5)(c)(II) of this section;
(D) Under a memorandum of understanding or other agreement with the governmental entity; and
(E) That is operated in compliance with the federal aviation administration's 2018 advisory circular AC 00-1.1B, appendix A, "Public Aircraft Operations - Manned and Unmanned", as may be updated by the federal aviation administration;
(II) The volunteer is:
(A) A pilot who satisfies, or employs or contracts with one or more pilots who satisfy, the requirements specified in subsection (4.5)(c)(I) of this section;
(B) In compliance with all requirements of the federal aviation administration for recent flight experience; and
(C) Not compensated by the governmental entity for assisting in a search and rescue operation, other than reimbursement for actual expenses incurred; and
(III) The damage or injury was not caused by willful or criminal misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of any individuals harmed by the volunteer.
(c) (I) A volunteer that operates a helicopter as part of search and rescue operations in accordance with this subsection (4.5) must:
(A) Have experience in mountainous landings, high altitude operations, confined area landings, and snow operations;
(B) Possess a commercial pilot license and instrument rating;
(C) Have a minimum of one thousand five hundred hours of total flight time, including at least five hundred hours of mountainous helicopter time and at least one hundred hours of flight time in the type of helicopter used in the search and rescue operation; and
(D) Be certified, within the previous twelve months, by the helicopter manufacturer's instructor, a company check pilot, or a federal aviation association-certified and -rated flight instructor to operate the helicopter used in the search and rescue operation.
(II) The owner or operator of a helicopter used in search and rescue operations must ensure that the helicopter meets the following safety and training requirements:
(A) The helicopter is capable of operation at the altitude, in the terrain, and in the weather conditions necessary for the rescue or the search and rescue operation;
(B) The helicopter has been used as part of a training program with the rescue unit or backcountry search and rescue team within the twelve months immediately preceding use of the helicopter in a search and rescue operation;
(C) The helicopter is operated under a safety management system that has been approved by an independent third party; and
(D) The helicopter is maintained in accordance with regulations promulgated by the federal aviation administration for the maintenance and alteration of aircraft pursuant to 14 CFR 91.401 to 91.499, as amended.
preceding use of the helicopter in a search and rescue operation;
(C) The helicopter is operated under a safety management system that has been approved by an independent third party; and
(D) The helicopter is maintained in accordance with regulations promulgated by the federal aviation administration for the maintenance and alteration of aircraft pursuant to 14 CFR 91.401 to 91.499, as amended.
(5) Notwithstanding the provisions of subsection (4) 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; except 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. However, nothing in this section shall be construed to limit the right of a plaintiff to recover from a policy of uninsured or underinsured motorist coverage available to the plaintiff as a result of a motor vehicle accident.
