Under what condition is a charitable volunteer protected from civil liability?

Under what condition is a charitable volunteer protected from civil liability?

• A. The patient signs a written statement before care
• B. The volunteer does the act at the charitable organization
• C. The provider is licensed in another state
• D. The care is provided in a private clinic

Answer: (B)

The protection comes from the volunteer providing care within the framework of a charitable organization. In Texas, volunteers who offer health care through a nonprofit or charitable clinic and perform services at that organization are shielded from civil liability under the Volunteer Health Care Practitioner Act, as long as the services are provided in good faith, typically with no charge or only a nominal fee, and within the scope of practice. This setting is what triggers the immunity, not just having patient consent, being licensed in another state, or delivering care in private practice. Providing care in a private clinic or outside the charitable organization would not meet the conditions for this protection. Immunity generally does not cover gross negligence or intentional misconduct.

The protection comes from the volunteer providing care within the framework of a charitable organization. In Texas, volunteers who offer health care through a nonprofit or charitable clinic and perform services at that organization are shielded from civil liability under the Volunteer Health Care Practitioner Act, as long as the services are provided in good faith, typically with no charge or only a nominal fee, and within the scope of practice. This setting is what triggers the immunity, not just having patient consent, being licensed in another state, or delivering care in private practice. Providing care in a private clinic or outside the charitable organization would not meet the conditions for this protection. Immunity generally does not cover gross negligence or intentional misconduct.