Volunteers, limited personal liability, certain organizations and government entities, exceptions

537.118. Volunteers, limited personal liability, certain organizations and government entities, exceptions. — 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;

(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.