1031

(a) Any person who works as a volunteer in a public or private organization shall be held harmless as such from any civil liability regarding any legal action based on his/her acts or omissions which cause any damages to a third party, provided it is proven that:\n(1) The volunteer was acting within the scope of his/her duties and responsibilities, assigned to him/her as such in the corresponding public or private organization in which he/she rendered services.\n(2) The damage was not caused deliberately or with malicious intent, nor due to willful or reckless criminal behavior, gross negligence or lack of concern for the rights or safety of the affected person.\n(b) A public or private organization that employs volunteers for the rendering of its services shall make sure, at the time of assigning the duties and responsibilities to a volunteer, that he/she holds the license or certification required to carry out such duties and responsibilities. A volunteer who makes a false representation in this regard shall lose his/her immunity if such license or certification is necessary to carry out the duties and responsibilities within the scope in which the action or omission that caused

tion in this regard shall lose his/her immunity if such license or certification is necessary to carry out the duties and responsibilities within the scope in which the action or omission that caused damages to a third party occurred.\n(c) Extracontractual liability toward third parties of any nonprofit organization subject to this Act, of health facilities as defined in § 1026(b) of this title, and of public bodies attached to any municipality, agency, dependency or instrumentality of the Commonwealth of Puerto Rico having a volunteer program included in § 1027(a) of this title for damages caused by any of its volunteers in the discharge of the duties and responsibilities assigned to him/her shall be determined in accordance with the limitations established for any legal actions and claims against the State in §§ 3077–3092a of Title 32, known as the Claims and Suits Against the Commonwealth Act.\nHistory —Sept. 8, 2004, No. 261, § 9, eff. 90 days after Sept. 8, 2004.