WILLIAM DONALD SCHAEFER, Governor                    Ch. 425

(II)  WHO, AS DETERMINED BY THE TREASURER, IS
REQUIRED TO HAVE LIABILITY INSURANCE COVERING CLAIMS ARISING FROM
SERVICES TO THIRD PARTIES PERFORMED BY THE STUDENT IN THE COURSE
OF THE APPROVED CLINICAL TRAINING OR ACADEMIC PROGRAM;

(III)  WHO, AS DETERMINED BY THE TREASURER,
CANNOT OBTAIN COMMERCIAL LIABILITY INSURANCE AT AN AFFORDABLE
COST; AND

(IV)  WHO, AS DETERMINED BY THE TREASURER, MAY
BE REQUIRED TO CONTRIBUTE TO AN INSURANCE PROGRAM FOR CLAIMS
ARISING FROM SERVICES TO THIRD PARTIES PERFORMED BY THE STUDENT
IN THE COURSE OF THE APPROVED CLINICAL TRAINING OR ACADEMIC
PROGRAM.

12-105.

(A)  State personnel are immune from suit in courts of the
State and from liability in tort for a tortious act or omission
that is within the scope of the public duties of the State
personnel and is made without malice or gross negligence, and for
which the State or its units have waived immunity under this
subtitle, even if damages exceed the limits of that waiver.

(B)  THE SCOPE OF PUBLIC DUTIES OF STATE PERSONNEL SHALL
INCLUDE, BUT NOT BE LIMITED TO:

(1)  ANY AUTHORIZED USE OF A STATE-OWNED VEHICLE BY
STATE PERSONNEL, INCLUDING BUT NOT LIMITED TO COMMUTING TO AND
FROM THE PLACE OF EMPLOYMENT; AND

(2)  SERVICES TO THIRD PARTIES PERFORMED BY STATE
PERSONNEL, AS DEFINED BY SECTION § 12-101(5) OF THIS SUBTITLE, IN
THE COURSE OF PARTICIPATION IN AN APPROVED CLINICAL TRAINING OR
ACADEMIC PROGRAM.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1987.

Approved May 14, 1987.

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