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Introduced Version House Bill 2790 History

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hb2790 intr
H. B. 2790


(By Delegates DeLong, Amores and Michael)
[Introduced
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 follows:
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 gross negligence.
(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 been omitted.
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