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<br />2-1-10-103
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<br />Government - Statc
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<br />130
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<br />in to,t 0' could lie in tort ,ega,dless of whet he, that may be the type of
<br />action 0' the fo,m of ,elief chosen bv a claimant.
<br />(3) (a) "Ope,ation" means the act or omission of a public entity 0' public
<br />employee in the exercise and perfo,mance of the powers. duties. and func-
<br />tions vested in them by law with respect to the purposes of any public hospi-
<br />tal. jail. 0' public wate,. gas. sanitation. power. or swimming facility.
<br />(b) The te,m "operation" shall not be construed to include:
<br />(I) A failu,e to exercise or perform any powers. duties. 0' functions not
<br />\'ested by law in a public entity 0' employee with 'espect to the pu'poses
<br />of any public facility set forth in paragraph (a) of this subsection (3):
<br />(Il) A negligent 0' inadequate inspection 0' a failu,e to make an inspec-
<br />lion of any p'openy. except p'openy owned 0' leased by the public cntity.
<br />to dete,mine whethe, such p,operty constitutes a haza,d to the health or
<br />safety of the public.
<br />(4) (a) "Public employee" means an office,. employee, servant. 0'
<br />autho,ized voluntee, of the public entity. whethe, 0' not compensated.
<br />elected. or appointed. but does not include an independent contracto, 0'
<br />any pe,son who is sentenced to participate in any type of useful public se,-
<br />vice. Fo, the pu'poses of this subsection (4). "autho,ized voluntee," means
<br />a pe,son who pe,fo,ms an act fo, the benefit of a, public entity at the ,equest
<br />of and subject to the cont,ol of such public entity.
<br />(b) "Public employee" includes any of the following:
<br />II) ,-\ny health ca,e p,actitione, employed ,by a public entity. except fo,
<br />any health ca'e p,actitione, who is employed on less than a full-time basis
<br />by a pUblic entity and who additionally has an independent 0' othe, health,
<br />ca'e p,actice. Fo, purposes of this subpa,agraph (I). wo,k perfo,med as an
<br />employee of anothe, public entity 0' of an entity of the United States govern-
<br />ment shall not be conside,ed to be an independent 0' othe, health ca'e p,ac-
<br />tice.
<br />III) ,-\ny health ca'e p,actitione, employed part-time by and holding a
<br />clinical faculty appointment at a public entity as to any injury caused by
<br />a health care p,actitione,-in-t,aining unde, his supervision. Any such pe,son
<br />shall maintain the status of a public employee when he engages in supervisory
<br />and educational activities ove' a health ca,e p,actitione,-in-t,aining at a non-
<br />public entity if said activities a'e within the cou,se and scope of his ,esponsi-
<br />bilities as an employee ofa public entity.
<br />(111) Any health ca'e practitione,-in-training who is duly en,olled and
<br />mat,iculated in an educational program of a public entity and who is wo,king
<br />at eithe, a public entity 0' a non public entity. Any such pe,son shall maintain
<br />the status of a public employee when he engages in p,ofessional 0' educa-
<br />tional activities at a non public entity if said activities a,e within Ihe cou,se
<br />and scope of his ,esponsibilities as a student 0' employee of a public entity.
<br />IIV) ,-\ny health ca'e p,aciitione, who is a nu,se licensed unde' article
<br />38 of title 12. CR.S.. employed by a public entity. Any such pe,son shall
<br />maintain the status of a public employee only when he engages in activities
<br />at 0' fo, the public entity whiCh a,e within the course and scope of his 'espon-
<br />sibilities as an employee of the public entity,
<br />IV) ,-\ny health ca,e p,actitione, who voluntee,s his services at 0' on
<br />behalf of a public entity. 0' who volunteers his services as a participant in
<br />the community mate,nity services p,og,am. established by section 26-1 ;-1 09.
<br />CR.S.. as to the services which a,e voluntee,ed.
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