1. As used in this section, the following terms mean:

(1) “Nonprofit organization”, an entity which operates under the standards of section 501(c) of the Internal Revenue Code of 1986 as amended;

Terms Used In Missouri Laws 537.118

  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020

(2) “Prorated equivalent basis”, any other basis for compensation except that used to compensate for expenses actually incurred; and

(3) “Volunteer”, an individual performing services for a nonprofit organization or a governmental entity who is not compensated for his services on a salary or prorated equivalent basis. The term shall not include those covered by section 537.117.

2. Any volunteer of a nonprofit organization or governmental entity shall be immune from personal liability for any act or omission resulting in damage or injury to any person intended to receive benefit from such volunteer’s service if:

(1) The volunteer acted in good faith and within the scope of his official functions and duties with the organization or entity; and

(2) The damage or injury was not caused by the intentional or malicious conduct or by the negligence of such volunteer.

3. Nothing in this section shall be construed to create or abolish an immunity in favor of a nonprofit organization or a governmental entity.

4. The provisions of this section shall apply to all causes of action accruing after August 28, 1989.