2012 South Dakota Codified Laws
Title 47 CORPORATIONS
Chapter 23. Nonprofit Corporations--Members, Directors, Officers And Agents
§47-23-29 Immunity of volunteers of nonprofit organizations, free clinics, certain hospitals, and governmental entities.
47-23-29. Immunity of volunteers of nonprofit organizations, free clinics, certain hospitals, and governmental entities. Any volunteer of a nonprofit organization, a nonprofit corporation, a free clinic, any hospital organized pursuant to chapter 34-8, 34-9, or 34-10, or a governmental entity shall be immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if:
(1) The individual was acting in good faith and within the scope of such individual's official functions and duties for the nonprofit organization, the nonprofit corporation, the free clinic, a hospital organized pursuant to chapter 34-8, 34-9, or 34-10, or a governmental entity; and
(2) The damage or injury was not caused by gross negligence or willful and wanton misconduct by such individual.
Source: SL 1987, ch 344, § 2; SL 1993, ch 340, § 2.
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