Senate Bill No. 634
(By Senators Stollings, Oliverio, Foster, Minard, Green, Sypolt
[Originating in the Committee on the Judiciary;
reported March 30, 2009.]
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
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.
(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.)