---
kind: "section"
citation: "42 U.S.C. § 14502"
title: "42"
title_heading: "The Public Health and Welfare"
number: "14502"
heading: "Preemption and election of State nonapplicability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/14502"
units:
  - "Chapter 139 — Volunteer Protection"
---

# §14502. Preemption and election of State nonapplicability

- (a) **Preemption—** This chapter preempts the laws of any [State](/usc/42/14505.md?p=5) to the extent that such laws are inconsistent with this chapter, except that this chapter shall not preempt any [State](/usc/42/14505.md?p=5) law that provides additional protection from liability relating to [volunteers](/usc/42/14505.md?p=6) or to any category of [volunteers](/usc/42/14505.md?p=6) in the performance of services for a [nonprofit organization](/usc/42/14505.md?p=4) or governmental entity.
- (b) **Election of State regarding nonapplicability—** This chapter shall not apply to any civil action in a [State](/usc/42/14505.md?p=5) court against a [volunteer](/usc/42/14505.md?p=6) in which all parties are citizens of the [State](/usc/42/14505.md?p=5) if such [State](/usc/42/14505.md?p=5) enacts a statute in accordance with [State](/usc/42/14505.md?p=5) requirements for enacting legislation—
  - (1) citing the authority of this subsection;
  - (2) declaring the election of such [State](/usc/42/14505.md?p=5) that this chapter shall not apply, as of a date certain, to such civil action in the [State](/usc/42/14505.md?p=5); and
  - (3) containing no other provisions.

## Source credit

(Pub. L. 105–19, § 3, June 18, 1997, 111 Stat. 219.)