Title 42, The Public Health and WelfareRelease 119-110
§14502 Preemption and Election of State Nonapplicability
Title 42 › CHAPTER 139 — VOLUNTEER PROTECTION › § 14502
Summary
Federal law overrides any State law that conflicts with it, except State laws that give volunteers extra protection from liability. A State can make the federal rules not apply to a State‑court lawsuit against a volunteer when all parties are citizens of that State if the State passes a law that (1) cites this subsection, (2) declares the opt‑out as of a date certain, and (3) contains no other provisions.
Full Legal Text
Title 42, §14502
The Public Health and Welfare, Source: USLM XML via OLRC
(a)Preemption
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)Election of State regarding nonapplicability
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
Sep 22, 2026
Release point: 119-110