H. B. 2259


(By Delegates Gallagher and Staton)
[Introduced February 24, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend article three, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eighteen, relating to limiting liability of volunteer sports program physicians.

Be it enacted by the Legislature of West Virginia:
That article three, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eighteen, to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

§30-3-18. Voluntary sports programs physicians.

A physician who voluntarily and without compensation renders services as a physician for a sports program, whether or not the services are rendered at the request of the school's or institution's administration or a county board of education, is not liable for any damages for any act or omission resulting fromthe rendering of the services unless the act or omission constitutes willful or wanton misconduct, gross negligence or intentionally tortuous conduct.
This section applies only to treatment at the site of the sports program, treatment at any practice or training for the sports program and treatment administered during transportation to or from the sports program, practice or training.
This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provisions of the code or by common law to which a volunteer or physician may be entitled.
In this section the following words have the meanings indicated:
"Physician" means any physician, including a doctor of osteopathy who is licensed to practice medicine in this state.
"Sports program" means a program or portion of a program of an institution of higher education or of a public or nonpublic school that is organized for intramural or interschool recreational purposes with activities that include basketball, baseball, football, soccer, track or any other competitive sports.
"Compensation" does not include actual and necessary expenses that are incurred by a physician in connection with the services the physician performs for a sports program and are reimbursed, nor does the term include the listing without cost to the physician of the physician's name in a school or eventpublication.



NOTE: The purpose of this bill is to limit the liability of volunteer sports program physicians.

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