H. B. 2790
(By Delegates DeLong, Amores and Michael)
March 1, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-23, relating to
liability of physicians who render services to 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 §55-7-23, to read as
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-23. Limiting liability of physicians who render services to
youth camps and programs.
(a) Any medical or osteopathic physician licensed to practice
in this state, or any medical student, graduate medical student or
nurse, 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, prior to the
commencement of the youth camp or program, agrees to render
emergency care or treatment to participants in the youth camp or
program, and renders emergency care or treatment to a participant
without the objection of the participant, is not liable for civil
damages as a consequence of the care or treatment rendered, nor as
a result of any act or omission in providing or arranging further
care or treatment.
(b) The limitation of liability established by the provisions
of this section do not apply to acts or omissions constituting
(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 those that may work under
their supervision or direction, as volunteers to provide medical
care at a youth camp or program.
This is new; therefore, strike-throughs and underscoring have