Federal Volunteer Protection Act — Exceptions

The federal Volunteer Protection Act (VPA) grants immunity to a volunteer who causes harm to a person while the volunteer is performing services for a nonprofit organization or governmental entity. However, a volunteer is not immune from liability for such harm if:

(1) he or she was not acting within the scope of his responsibilities for the nonprofit organization or governmental entity at the time of the act or omission that caused the harm;
(2) he or she was not properly licensed or certified, if required by state law;
(3) the harm was caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious and flagrant indifference to the rights or safety of the person who was harmed;
(4) the harm was caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires an operator to have an operator’s license or insurance;
(5) he or she engaged in misconduct that constituted a crime of violence or international terrorism for which he or she was convicted in any court;
(6) he or she engaged in misconduct that constituted a hate crime within the meaning of the federal Hate Crimes Statistics Act;
(7) he or she engaged in misconduct involving a sexual offense for which he or she was convicted in any court;
(8) he or she engaged in misconduct for which he or she was found to have violated a federal or state civil rights law; or
(9) he or she was under the influence of intoxicating alcohol or any drug at the time of the misconduct.

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