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Committee Substitute House Bill 2011 History

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HB2011 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 2011

( By Delegate Long )


(Originating in the Committee on the Judiciary)


[March 28, 2005]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23, relating to removing health care providers' exposure to liability where, in certain cases involving prescription drugs and medical devices, a person has been injured.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-23, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-23. Prescription drugs and medical devices; limiting health care providers' liability exposure.

No health care provider, as defined in section two, article seven-b of this chapter, is liable to a patient or third party for injuries sustained as a result of the ingestion of a prescription drug or use of a medical device that was prescribed by the health care provider in accordance with instructions approved by the U.S. Food and Drug Administration regarding the dosage and administration of the drug, the indications for which the drug should be taken or device should be used, and the contraindications against taking the drug or using the device.
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