ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 422
(Senators Foster, Unger and Laird, original sponsors)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §16-4D-4 of the Code of West Virginia,
1931, as amended, relating to
limiting liability for
anticipated automatic external defibrillator users who are not
health care providers.
Be it enacted by the Legislature of West Virginia:
That §16-4D-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4D. AUTOMATED EXTERNAL DEFIBRILLATORS.
§16-4D-4. Limitation on liability.
A person is not liable for civil damages as a result of any
act or omission in rendering emergency medical care or treatment
involving the use of an AED if the care or treatment does not
amount to gross negligence and the following conditions are met:
(1) The person, entity, certified trainer or medical director
of the early defibrillation program is in compliance with the
provisions of section three of this article; and
(2) The person is an anticipated operator of an AED
who
gratuitously and in good faith rendered emergency medical care,
pursuant to the requirements of section three of this article,
other than in the ordinary course of the person's employment or
profession as a health care provider, as defined in
section two,
article two-d of this chapter; or
(3) The person is an unanticipated operator who gratuitously
and in good faith rendered emergency medical care.
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