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Introduced Version Senate Bill 19 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 19

(By Senators Minear and McKenzie)

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[Introduced January 9, 2002; referred to the Committee

on the Judiciary.]

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A BILL to amend article four-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seventeen-a, relating to providing that certain emergency caregivers who, in good faith, render emergency care are not liable for civil damages.

Be it enacted by the Legislature of West Virginia:
That article four-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seventeen-a, to read as follows:
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.

§16-4C-17a. Immunity from liability for persons rendering emergency care in good faith.

The following persons who, in good faith, render emergency aid to another individual shall not be held liable for civil damages for any alleged act or omission which is claimed to have occurred during the rendering of the emergency aid or assistance:
(a) A person licensed to practice medicine or dentistry who renders emergency aid or assistance without compensation, to any ill or injured person at the scene of an accident, fire or any other life-threatening emergency, or while en route from the scene of an emergency;
(b) A licensed nurse, an emergency medical care attendant or technician, or licensed medical practitioner who renders emergency care or assistance, whether in person or by telephone or other means of communication, without compensation, to any injured or ill person, whether at the scene of an accident, fire or other place, or while transporting an injured or ill person from the scene of an emergency, or otherwise;
(c) A person trained in the use of automated external defibrillation devices who uses the device to provide emergency aid or assistance at the scene of an emergency involving an apparent cardiac arrest; and
(d) A member in good standing of a national ski patrol system who, without compensation, provides emergency aid or assistance to an injured or ill person, whether at the scene of a ski resort rescue operation, outdoor emergency rescue operation or other place involving an emergency, or while transporting an injured or ill person to a place for transfer to an available emergency medical center or hospital: Provided, That, for the purposes of this section, the term "compensation" does not include access to a recreational facility, complimentary lift tickets, food, lodging or other gifts or discounts that may be offered or accessible to a person.

NOTE: The purpose of this section is to provide that certain emergency caregivers who, in good faith, render emergency care are not liable for civil damages.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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