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SB634 SUB2 Senate Bill 634 History

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SB634 SUB2
COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 634

(By Senators Stollings, Oliverio, Foster, Minard, Green, Sypolt and Jenkins)

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[Originating in the Committee on the Judiciary;

reported March 30, 2009.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-26, relating to the liability of physicians, osteopathic physicians, nurses, medical students and graduate medical students who render services as volunteer health care providers at youth camps and programs; limiting liability; and providing exceptions.

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 §55-7-26, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-26. Limiting liability of physicians who render services to youth camps and programs.

(a) Any person licensed to practice medicine and surgery pursuant to the provisions of article three, chapter thirty of this code, or any person licensed to practice medicine and surgery as an osteopathic physician and surgeon pursuant to the provisions of article fourteen, chapter thirty of this code or any medical student, graduate medical student or nurse pursuant to the provisions of article seven, chapter thirty of this code and article seven-a of said chapter performing medical services under the direction of a medical or osteopathic physician licensed to practice in this state: (1) Who is acting in the capacity of a volunteer health care provider at any youth camp or program; and (2) who gratuitously and in good faith prior to the commencement of the youth camp or program agrees to render emergency care or treatment to a participant during the youth camp or program, without objection of the camp or program participant, shall not be held liable for any civil damages as a result of the care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment.
(b) The limitation of liability established by this section does not apply to acts or omissions constituting gross negligence or willful and wanton conduct.
(c) For purposes of this section, the provision of lodging, meals and articles of clothing by a youth camp or program may not be considered as financial remuneration.



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(NOTE: The purpose of this bill is to limit the liability of medical and osteopathic physicians and others who may work under their supervision or direction as volunteers to provide medical care at a youth camp or program.

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