H. B. 2259
(By Delegates Gallagher and Staton)
[Introduced February 24, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend article three, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
eighteen, relating to limiting liability of volunteer sports
program physicians.
Be it enacted by the Legislature of West Virginia:
That article three, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen, to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-18. Voluntary sports programs physicians.
A physician who voluntarily and without compensation renders
services as a physician for a sports program, whether or not the
services are rendered at the request of the school's or
institution's administration or a county board of education, is
not liable for any damages for any act or omission resulting fromthe rendering of the services unless the act or omission
constitutes willful or wanton misconduct, gross negligence or
intentionally tortuous conduct.
This section applies only to treatment at the site of the
sports program, treatment at any practice or training for the
sports program and treatment administered during transportation
to or from the sports program, practice or training.
This section does not affect, and may not be construed as
affecting, any immunities from civil liability or defenses
established by any other provisions of the code or by common law
to which a volunteer or physician may be entitled.
In this section the following words have the meanings
indicated:
"Physician" means any physician, including a doctor of
osteopathy who is licensed to practice medicine in this state.
"Sports program" means a program or portion of a program of
an institution of higher education or of a public or nonpublic
school that is organized for intramural or interschool
recreational purposes with activities that include basketball,
baseball, football, soccer, track or any other competitive
sports.
"Compensation" does not include actual and necessary
expenses that are incurred by a physician in connection with the
services the physician performs for a sports program and are
reimbursed, nor does the term include the listing without cost to
the physician of the physician's name in a school or eventpublication.
NOTE: The purpose of this bill is to limit the liability of
volunteer sports program physicians.
This section is new; therefore, strike-throughs and
underscoring have been omitted.