§ 25-21,188.02.Volunteer in free clinic or other facility; immunity; when.
Article 21: Special Proceedings and Actions · Last amended 2007 · Last verified July 22, 2026
In one sentenceThis section immunizes credentialed volunteer practitioners who provide uncompensated professional services at a free clinic from civil liability absent willful or wanton conduct, but withdraws that immunity if the clinic is hospital-operated, the practitioner was recently disciplined, or the harm arose from operating a vehicle or being impaired.
Full Text of § 25-21,188.02
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(1) A person credentialed under the Uniform Credentialing Act to practice as a physician, osteopathic physician, pharmacist, dentist, physician assistant, nurse, or physical therapist who, without the expectation or receipt of monetary or other compensation either directly or indirectly, provides professional services, of a kind which are eligible for reimbursement under the medical assistance program established pursuant to the Medical Assistance Act, as a volunteer in a free clinic or other facility operated by a not-for-profit organization as defined in section 25-21,190, by an agency of the state, or by any political subdivision shall be immune from civil liability for any act or omission which results in damage or injury unless such damage or injury was caused by the willful or wanton act or omission of such practitioner.
(2) The individual immunity granted by subsection (1) of this section shall not extend to any act or omission of such practitioner which results in damage or injury if:
(a) The free clinic or other facility is operated by a licensed hospital;
(b) The practitioner has been disciplined by the professional board having oversight over that practitioner in the previous five years at the time of the act or omission causing injury; or
(c) The damage or injury is caused by such practitioner (i) during the operation of any motor vehicle, airplane, or boat or (ii) while impaired by alcohol or any controlled substance enumerated in section 28-405.
Medical Assistance Act, see section 68-901. Uniform Credentialing Act, see section 38-101.
Plain-English Summary
Section 25-21,188.02 encourages licensed health professionals to volunteer at free clinics by limiting their civil exposure for doing so. A person credentialed under the Uniform Credentialing Act as a physician, osteopathic physician, pharmacist, dentist, physician assistant, nurse, or physical therapist, who provides professional services without expecting or receiving compensation, is immune from civil liability for an act or omission causing damage or injury, unless that damage or injury was caused by the practitioner’s willful or wanton conduct. The services covered are those of a kind eligible for reimbursement under the medical assistance program, and the setting has to be a free clinic or other facility run by a not-for-profit organization, a state agency, or a political subdivision.
Three situations strip this immunity away. First, it does not apply if the free clinic or facility is operated by a licensed hospital. Second, it does not apply if the practitioner was disciplined by the professional board overseeing that practitioner within the five years before the act or omission causing the injury. Third, it does not apply if the damage or injury happened while the practitioner was operating a motor vehicle, airplane, or boat, or while impaired by alcohol or a controlled substance listed in section 28-405.
The immunity, then, is not unconditional. It rewards uncompensated volunteer service in a free, non-hospital setting by a practitioner without recent discipline, while withholding protection where the practitioner’s own recklessness, disciplinary history, vehicle operation, or impairment played a part in the harm.
Frequently Asked Questions
Which health professionals does this section protect when they volunteer?
A physician, osteopathic physician, pharmacist, dentist, physician assistant, nurse, or physical therapist credentialed under the Uniform Credentialing Act.
Does this immunity apply if the practitioner is paid for the volunteer work?
No. It applies only where the practitioner provides services without the expectation or receipt of monetary or other compensation, directly or indirectly.
Is a volunteer practitioner protected if the free clinic is run by a hospital?
No. The immunity does not extend to services at a free clinic or facility operated by a licensed hospital.
Does prior professional discipline affect this immunity?
Yes. The immunity does not apply if the practitioner was disciplined by the relevant professional board within the five years before the act or omission causing the injury.
Is a volunteer practitioner protected for an injury caused while driving to the clinic or while impaired?
No. The immunity does not extend to damage or injury caused during the operation of a motor vehicle, airplane, or boat, or while the practitioner is impaired by alcohol or a listed controlled substance.
Does this immunity cover intentional or reckless misconduct?
No. It does not apply to damage or injury caused by the practitioner’s willful or wanton act or omission.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source