H. B. 2053


(By Delegate Douglas)
[Introduced February 10, 1993; referred to the
Committee on Health and Human Resources then Finance.]




A BILL to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirty-b, relating to creation of the "Uniform Duties to Disabled Persons Act."

Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article thirty-b, to read as follows:
ARTICLE 30B. UNIFORM DUTIES TO DISABLED PERSONS ACT.

§16-30B-1. Short title.

This article may be cited as the "Uniform Duties to Disabled Persons Act."
§16-30B-2. Definitions.

(a) "Disabled condition" means the condition of being unconscious, semi-conscious, incoherent or otherwise incapacitated to communicate.
(b) "Disabled person" means a person in a disabled condition.
(c) "Identifying device" means an identifying bracelet, necklace, metal tag or similar device bearing the emergency symbol and the information needed in an emergency.
(d) "Medical practitioner" means a person licensed or authorized to practice medicine, osteopathy and the healing arts.
(e) "The emergency symbol" means the caduceus inscribed within a six-barred cross used by the American Medical Association to denote emergency information.
§16-30B-3. Identifying devices for persons having certain conditions.

(a) A person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness that causes temporary blackouts, semi-conscious periods or complete unconsciousness, or who suffers from a condition requiring specific medication or medical treatment, is allergic to certain medications or items used in medical treatment, wears contact lenses, or is unable to communicate coherently or effectively in the English language, is authorized and encouraged to wear an identifying device.
(b) Any person may carry an identification card bearing the person's name, type of medical condition, physician's name and other medical information.
(c) By wearing an identifying device a person gives consent for any law-enforcement officer or medical practitioner who finds the person in a disabled condition to make a reasonable search ofthe person's clothing or other effects for an identification card of the type described in subsection (b).
§16-30B-4. Duty of law-enforcement officer.

(a) A law-enforcement officer shall make a diligent effort to determine whether any disabled person found is a person having epilepsy or a diabetic, or suffers from some other type of illness that would cause the condition. Whenever feasible, this effort shall be made before the person is charged with a crime or taken to a place of detention.
(b) In seeking to determine whether a disabled person suffers from an illness, a law-enforcement officer shall make a reasonable search for an identifying device and an identification card of the type described in section three, subsection (b), and examine them for emergency information. The law-enforcement officer may not search for an identifying device or an identification card in a manner or to an extent that would appear to a reasonable person in the circumstances to cause an unreasonable risk of worsening the disabled person's condition. The law-enforcement officer may not remove an identifying device or an identification card from the possession of a disabled person unless the removal is necessary for law enforcement purposes or to protect the safety of the disabled person.
(c) A law-enforcement officer who finds a disabled person without an identifying device or identification card is not relieved of the duty to that person to make a diligent effort to ascertain the existence of any illness causing the disabledcondition.
(d) A cause of action against a law-enforcement officer does not arise from the officer's making a reasonable search of the disabled person to locate an identifying device or identification card, even though the person is not wearing an identifying device or carrying an identification card.
(e) A law-enforcement officer who determines or has reason to believe that a disabled person is suffering from an illness causing the person's condition shall promptly notify the person's physician, if practicable. If the officer is unable to ascertain the physician's identity or to communicate with the physician, the officer shall make a reasonable effort to cause the disabled person to be transported immediately to a medical practitioner or to a facility where medical treatment is available. If the officer believes it unduly dangerous to move the disabled person, the officer shall make a reasonable effort to obtain the assistance of a medical practitioner.
§16-30B-5. Duty of medical practitioners.

(a) A medical practitioner, in discharging a duty to a disabled person whom the practitioner has undertaken to examine or treat, shall make a reasonable search for an identifying device or identification card of the type described in section three, subsection (b) and examine them for emergency information.
(b) A cause of action against a medical practitioner does not arise from the practitioner's making a reasonable search of a disabled person to locate an identifying device oridentification card, even though the person is not wearing an identifying device or carrying an identification card.
§16-30B-6. Duty of others.

(a) A person, other than a law-enforcement officer or medical practitioner, who finds a disabled person shall make a reasonable effort to notify a law-enforcement officer. If a law-enforcement officer or medical practitioner is not present, a person who finds a disabled person may (1) make a reasonable search for an identifying device, and (2) if the identifying device is found, may make a reasonable search for an identification card of the type described in section three, subsection (b). If a device or card is located, the person making the search shall attempt promptly to bring its contents to the attention of a law-enforcement officer or medical practitioner.
(b) A cause of action does not arise from a reasonable search to locate an identifying device or identification card as authorized by subsection (a).
§16-30B-7. Falsifying identification or misrepresenting condition; penalty.

A person who with intent to deceive provides, wears, uses, or possesses a false identifying device or identification card of the type described in section three, subsection (b) is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than one hundred dollars.
§16-30B-8. Other duties.

The duties imposed by this article are in addition to, and not in limitation of, other duties existing under the law of this state.



NOTE: The purpose of this bill is to enact the Uniform Duties to Disabled Persons Act.

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