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Introduced Version House Bill 3145 History

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hb3145 intr
H. B. 3145


(By Delegates Michael, Leach and Williams)
[Introduced March 22, 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 §55-7-19a, relating to providing immunity from civil damages for persons who volunteer their services at the public health departments; and providing an exception thereto for acts or omissions constituting gross negligence.

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 §55-7-19a, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-19a. Liability of volunteers who render services at the public health department; limiting liability; exceptions.

(a) Any person who: (1) Is acting in the capacity of a volunteer in any county in the State of West Virginia for the public health department; and (2) is gratuitously and in good faith offering their services under the direction of the Public Health Department and is complying with all state laws may not be held liable for any civil damages as a result of such services or for any act or failure to act in providing or arranging to provide additional care.
(b) The limitation of liability established by this section does not apply to acts or omissions constituting gross negligence.



NOTE: The purpose of this bill is to provide immunity from civil damages for persons who volunteer at public health departments.

§55-7-19a is new; therefore, strike-throughs and underscoring have been omitted.
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