Title 42 — The Public Health and WelfareRelease 119-73
§14502 Preemption and election of State nonapplicability
Title 42 › Chapter CHAPTER 139— - VOLUNTEER PROTECTION › § 14502
Summary
Federal law overrides state laws that conflict with it, except it does not cancel state laws that give volunteers extra protection from being sued when they help a nonprofit or government. A State can choose to opt out for cases in its own courts where everyone is a state citizen by passing one law that cites this part of the law, sets a specific start date, and contains no other provisions.
Full Legal Text
Title 42, §14502
The Public Health and Welfare — Source: USLM XML via OLRC
(a)This chapter preempts the laws of any State to the extent that such laws are inconsistent with this chapter, except that this chapter shall not preempt any State law that provides additional protection from liability relating to volunteers or to any category of volunteers in the performance of services for a nonprofit organization or governmental entity.
(b)This chapter shall not apply to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation—
(1)citing the authority of this subsection;
(2)declaring the election of such State that this chapter shall not apply, as of a date certain, to such civil action in the State; and
(3)containing no other provisions.
Reference
Citations & Metadata
Citation
42 U.S.C. § 14502
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73